Independent review of mediation: our response

Introduction

Since the publication of the report "Bringing Mediation into the Mainstream in the Civil Justice System in Scotland" in June 2019, the Scottish Government has given careful consideration to the content of the Report. It was vital to have a sense of the wider reaction to the Report and we encouraged and supported the work undertaken by Scottish Mediation and members of the Expert Group to conduct informal information sessions to discuss its findings and recommendations. The Scottish Government has also held informal discussions with some stakeholders to help identify those aspects of the Report stakeholders were most interested in, and that time with stakeholders has been very helpful and appreciated.

From our analysis of the Report and the consultation responses to the Margaret Mitchell Bill proposals, the Scottish Government has concluded that the time is right to move towards reform of the civil justice system in Scotland to normalise Mediation and other forms of Dispute Resolution to resolve disputes effectively and efficiently at the earliest opportunity but that public consultation is required in advance of our proceeding with reform to test key issues such as the financial model as well as how the proposals could work in practice.