Mediation (Scotland) Bill – Should Mediation Be Mandatory?

In November 2003 the then Justice 1 Committee held an evidence session with John Sturrock QC on Alternative Dispute Resolution (ADR). Margaret Mitchell MSP, has worked on various pieces of legislation seeking to promote awareness and use of ADR techniques but progress has been relatively slow. Almost 16 years after that evidence session before the Justice 1 Committee she has proposed a Bill that will seek to increase the use and consistency of mediation services in Scotland.

Dispute resolution

Mediation as a process is well known in some jurisdictions. Some cultures see mediation (turning to a third party to help resolve a conflict through discussions and conciliation) as their first option. In others it is almost unheard of. In an adversarial culture, to enter into a process that seek to identify interests and find compromise is sometimes seen as weakness. An Australian judge explained the differences between mediation and litigation: