Edinburgh Sheriff Court
We have included a number of ADR scheme profiles on this site. These are examples of ADR provision that offer an interesting and potentially useful model; they are usually only available in a limited geographical area, not nationwide, though some are being evaluated for potential expansion.
Further information is given below on:
Background
What disputes are eligible
Cost
Legal advice
How it works
Outcomes
Background
The Citizens Advice Bureau runs a mediation service at Edinburgh Sheriff Court with funding from the Justice Department of the Scottish Executive. It started as a pilot in 1994 and now handles around 100 referrals to mediation a year. It is aimed at a wide range of civil matters that would otherwise go to the Sheriff Court.
top
What disputes are eligible
The service accepts cases referred by a sheriff within the small claims and summary cause limits. These limits are up to £3000 for small claims and up to £5000 for summary cause actions.
The highest number of referrals are for consumer disputes. Other types of disputes suitable for the mediation service include:
- rent deposits
- tenant-landlord
- contractual disputes
Family and neighbourhood disputes are not covered by the service, but can be referred to other providers. For details of other mediation providers covering these types of disputes, contact the Scottish Mediation Network. Consumer disputes related to disability discrimination can be referred to the Disability Conciliation Service.
top
Cost
The service is free to the parties. If the parties want legal representation at the mediation, they will need to pay for it themselves. However, the service believes that in most cases parties do not need a lawyer to represent them at mediation.
top
Legal advice
Legal advice can be obtained from the Citizens Advice Bureau or the in-court legal adviser (telephone 0131 247 2865). Parties rarely have a legal representative at a mediation meeting. If one party is represented and the other is not, the service can suggest that the unrepresented party should bring a supporter, advocate or adviser. This is also an attempt to balance the numbers of people on each side where possible.
top
How it works
At the preliminary hearing, a sheriff may recommend that parties attempt mediation in cases which seem appropriate. If both parties agree, the court will then adjourn the case for mediation. Two dates will usually be set – one for the mediation, and one for the hearing to continue afterwards if no agreement is reached at the mediation. This is intended to avoid delay if mediation is not successful.
In court, the mediation co-ordinator sits close to the sheriff. This means that court users, lawyers and other court staff have a visual reminder of mediation as an option.
Where parties agree to mediate, the co-ordinator appoints a mediator from a panel of trained and qualified volunteer mediators. The panel members usually have legal or other professional backgrounds.
Mediation meetings are held in dedicated rooms within the Edinburgh Sheriff Court complex. The mediator meets first with the parties together, and then has the option to talk with each in separate rooms. The mediator moves between the rooms to facilitate the exchange of views and convey any offers from a party.
If the parties reach an agreement, this is written up and signed before the meeting ends.
Once the mediation co-ordinator has been told that the terms of the settlement agreement have been met – which may be some weeks later – the court is asked to dismiss the matter in their absence.
If no agreement is reached, the parties return to court on the date that was set for the continued hearing.
Anything that is said in mediation is confidential and cannot be used later in court. The sheriff is told only that the parties attempted mediation, not what was said.
Usually a mediation meeting can be arranged within two to four weeks. The average timeframe for a case to be concluded from the time of referral is one and a half months. The meeting itself takes between one and three hours.
top
Outcomes
Most disputes are resolved at mediation. Over the 12 months September 2006 to August 2007, 53 of 68 cases were resolved (78%).
The evaluation of mediations during this time period shows that:
- 92% of pursuers and 100% of defenders would recommend mediation to a friend
- a majority of litigants (68%) agreed to mediate because they claimed it was, in different ways, a “better process”
- 76% of pursuers and 71% of defenders stated the mediated outcome was satisfactory
The report also highlighted some of the pragmatic benefits which parties receive. These tend to centre on the speed in gaining a result, the closure this brings to an unpleasant part of their lives, the ability to put their own case forward and to take part in determining the outcome. Emotional views of mediation tend to reflect their feelings in having to accept weaknesses in their case and compromise on their desired outcomes. Hence the participants often state that the mediation was a satisfactory experience, while at the same time feeling that it was, somehow, not quite “fair”.
More details of research into this scheme can be found on 2002 Edinburgh Sheriff Court.
If you would like a copy of the latest evaluation report, please contact the Mediation Service (details below).
top
Contact details
escmediation@googlemail.com
Updated December 2009
