Consultation Paper on Alternative Dispute Resolution - Law Reform ...

Advice Bureaux and 5 were referred by the Court Sheriff. The majority of cases
(16 out of 23) involved small claims litigants. 39 More than half of parties referred
agreed to take up mediation, but in only half of these cases did the second party
agree to mediate. Of the 151 cases referred during the research period a
settlement was successfully negotiated by the mediation coordinator in 21
cases, and a mediated settlement was reached in 20 cases out of the 22 that
went to mediation. 40
3.40 Turning to the procedure used in the ongoing mediation service, a
mediation co-ordinator attends the relevant weekly Court hearing at which a
Sheriff may recommend mediation to litigants. It is not compulsory for the
parties to accept the recommendation, but the majority do. The Sheriff Clerk (a
court officer) then assigns dates for the mediation and for the next Court
hearing. These have been provided in advance by the co-ordinator. The
mediation co-ordinator then takes over the management of the case. If a
settlement agreement is reached at mediation, the mediation co-ordinator
arranges for any further Court proceedings to be dismissed in the absence of
the parties. 41
3.41 From September 2006 to August 2007, 98 cases were referred to the
mediation service. Of those, 18 did not proceed to mediation. Reasons for this
include one party withdrawing from the process or the case being settled prior
to the mediation. Of the 68 cases that went through the mediation process, 53
cases (78%) were resolved. Mediations lasted an average of 1.8 hours. The
average time from referral by a Sheriff to a mediation meeting was 21 days. The
average time from referral to closing of the mediation file was 19.6 days. 42
3.42 The Scottish Executive is the sole funder of the mediation service. In
the financial year 2006/2007 it provided £25,571 for the service. 43 This allows for
a part-time Mediation Co-ordinator (20 hours per week) but not for payment of
mediators. The Service is financially viable only because of the willingness of
volunteer mediators. The Scottish Courts Service provides two purpose-built
39 Samuel Supporting Court Users: The In-Court Advice and Mediation Projects in
Edinburgh Sheriff Court, Research Phase 2 (Edinburgh: The Stationery Office,
2002). Available at http://www.scotland.gov.uk/cru/kd01/purple/scu2.pdf.
40 Ibid.
41 See Mantle ―Overview of the Sheriff Court Mediation Scheme in Edinburgh‖
42 Ibid.
43 Ibid.
(2007). Online article available at
http://www.mediationworld.net/ukscotland/schemes/full/13.html
84