Normalising Mediation – New Report Published

In a substantial report, canvassing a range of issues, the Expert Group on Mediation in Civil Justice in Scotland has reviewed the position of mediation in Scotland and proposed reforms to "normalise" the process and change the culture of dispute resolution as a result. It will be of interest to anyone with an interest in mediation and ADR.

One of the controversial topics that we have commented on before is the question of whether mediation should be compulsory. The Report concludes that it should. Perhaps for too long the "alternative" in Alternative Dispute Resolution has been emphasised. It was said that the court process is so slow, so expensive and so unpredictable that it is better to seek an alternative such as mediation. Instead the authors recognise the importance of the court process. They say: