Mediation and The Courts in Scotland

While it is difficult to obtain unequivocal direct evidence, the perception is that the use of mediation in Scotland to resolve disputes is growing. The extent to which mediation is used is still however less than appears to be the position in England. To some extent despite the efforts of some bodies such as Core Mediation, it is a bit of a "slow burn" in Scotland – or at least that is what anecdotal evidence will tell you.

Position in England

It has to be remembered that in England of course there has been significant support at higher level for the use of mediation. For example, in the report by Lord Woolf entitled "Access to Justice" published in 1996 there was clear support for the use of methods of alternative dispute resolution ("ADR"). In the introductory chapter to his report Lord Woolf wrote: -