Independent review of mediation: our response

Background

The Scottish Government Vision for Justice contains a commitment to 'empowering our people and communities to exercise their rights and responsibilities, to resolve disputes and other civil justice problems at the earliest opportunity'. There is growing interest within Scotland and internationally in the role of mediation as a mechanism for resolving disputes.

In October 2018, The Scottish Government supported Scottish Mediation to explore how greater use of mediation might be encouraged in the civil justice system in Scotland. Scottish Mediation set up an expert group to lead the review comprising representatives of the judiciary, Faculty of Advocates, Law Society of Scotland, the third sector, mediation services, consumer interests and the small business community). The expert group was co-chaired by John Sturrock QC and Alun Thomas, Chair of Scottish Mediation.

The aims of the review were to:

• review the current provision of mediation in the civil justice system in Scotland;

• consider evidence of the use and effectiveness of mediation in other civil justice systems; and

• formulate proposals to enhance the use of mediation in resolving civil disputes in Scotland.