Independent Working Group on Antisocial Behaviour: review report

Mediation

One key tool available for early, effective intervention, prevention and support is mediation. Mediation works successfully where it is offered at the earliest opportunity, before any dispute potentially escalates into something more serious. Mediation is most appropriate where all parties have a genuine willingness in finding mutually agreeable solutions. Mediation is also best suited for low level complaints where tolerances may feature but also where there is no enforceable solution available through formal channels.

Mediation is effective in allowing both parties to outline any problematic issues from their perspective, but also to illustrate the effect these behaviours are having on them or their family. It is illustrating the effects that has the greatest impact, as often others are not aware.

The key ethos of mediation is that it builds resilience in communities, allows people to take control of their issues and crucially it allows people to have their voices fully heard. The caveat is that victims of antisocial behaviour should not be made to feel that they are doing anything wrong, coerced into mediation or persuaded into resolutions that do not meet their needs.

There is a delicate balance when considering mediation, as care must be taken not to expose any party in terms of highlighting any vulnerability; facilitating a platform for harassment or “setting up to fail” where either party does not have the ability to keep to any agreement made. The skills of specially trained mediators would be required to take all presenting factors into account before assessing if mediation was suitable. Crucially, mediators will always work to reach the best outcome for the parties involved and this requires mediators to be specialist and independent, however due to budget cuts in Local Authorities and the Third Sector, mediation is being added to the duties of other generic officers and the specialism and success achieved is being compromised as a result. Additionally access to Mediation Services and timescales for responses can be adversely impacted, losing the impact of early intervention.

Case study - Within South Lanarkshire Council, the Mediation Service has been extensively promoted and is now a core partner within the weekly Community Safety Partnership Hubs and Youth Hubs to deliver a whole systems and person-centred approach to those involved in or suffering from antisocial behaviour.

Cases are referred to Mediation at the very first report to allow early intervention and prevention. Case numbers have grown 201% in the last 4 years, rising from 143 in 2019/20 to 431 in 2023/24. Crucially mediators can now measure success, and in 2023/23 achieved 97.6% successful, sustainable solutions where those who engaged with mediation did not have to re-contact housing or any other service in relation to their presenting issues. Only 8 cases returned for further assistance. In 2024/25 year to date, the Mediation Service has a 98.8% success rate with only 3 cases returning for further assistance.

When resources within local authorities are dwindling, demand and complexity increasing, the promotion and successful outcomes reached by the Mediators has significantly alleviated pressures on other services within the authority as well as achieved positive outcomes for the vast majority of their cases. Testimony received includes “you are the first people to take the time to listen to me and understand where I’m coming from” and “I can’t thank you enough, you’ve actually changed my life and I can enjoy my home again”.

Such a successful sustainable outcome rate is instrumental in promoting the merits and achievements of mediation to other people experiencing inconsiderate or antisocial behaviour and illustrates success where upstreaming prevention is a first response rather than enforcement.