Notwithstanding this, we have seen steps to increase public awareness and use of Alternative Dispute Resolution (ADR) and mediation in Scotland.
Work on the Children (Scotland) Bill has progressed and it has now been passed by the Scottish Parliament. The amendments which were made by Margaret Mitchell MSP at Stage 2 of the process allow for two provisions which are significant in terms of ADR:
- A requirement for Scottish Ministers to assist parties to meet the costs of ADR (through Legal Aid or other means) in disputes concerning parental rights and responsibilities; and
- A duty on the Scottish Ministers to establish a pilot scheme, under which parties to the proceedings will attend a Mandatory Information Awareness Meeting (MIAM) on ADR processes.
These provisions will assist parties by giving them easier access to other options and will help them make an informed choice on whether to use them, instead of being stuck in the court process with no alternatives.
Further, such provisions will add to the direction of travel towards mediation being seen as common place in disputes. Contact disputes, like many other types of dispute, can greatly benefit from mediation because it can lead to early resolution with more bespoke, family-friendly solutions. The chance to talk through the sensitive and complicated issues can make a huge difference to the outcome and the future of the relationships involved.
As well as this development, the pace of promoting mediation in the wider community has certainly not slowed in recent months. Thanks to the continuing work of Scottish Mediation there is greater visibility of the use of mediation particularly in the current climate. What is most notable is the shift to mediation using platforms such as zoom. Seldom used before the pandemic, remote mediation has become the default and provides parties to a dispute with an easy to use, accessible and quick method of resolving disputes at a time when in-person meetings are not possible and courts are unable to operate as normal.
