february collaborate 2011

8/6/2019 February Collaborate 2011

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Mediation Given A Boost By

Civil Justice Advisory Group

February 2011

Issue No 64

For people interested in mediation in Scotland

The Civil Justice Advisory Groupwas established by Consumer Focus

Scotland in 2004 to look into theefficiency and effectiveness of thecivil justice system. The first reportwas published in November 2010and the Group recommended a rootand branch review of the civil

justice system in Scotland.Consumer Focus Scotland played animportant role in pressing for theCivil Courts Review and have donemuch to ensure that the Gill Reviewand the discussions around itsimplementation focussed on theneeds of the court user. The CJAGapproach was to look at ways inwhich a civil justice system might be designed around the needs ofthose who use the system to resolve disputes.

Key Features of CJAG Report

TriageProfessor Dame Hazel Genn brought the Australian triage model tothe attention of CJAG at their consultation seminar and underscoredits importance in creating a strategic framework for access to

justice. Within the triage system there is a responsibility to assessthe needs of the individual case, the best pathway (information,assistance, dispute resolution or court adjudication of legal rights)and to commit to help the person get to that destination.

Better Access to Information and Legal EducationIT has a role to play in facilitating self triage especially if linkedinto other sources of help and means of dispute resolution. Ifpeople have access to better information and public legal education,then they are empowered to resolve their own disputes where thisis possible and to be confident users of the justice system when

they need external assistance with dispute resolution.Continued on page 2

The Scottish Mediation Network is funded by the Justice Directorate of the Scottish Government andthe Network for Social Change.

Scottish Charity No SC034921, Company No SC258173Registered Office: 18 York Place Edinburgh EH1 3EP www.scottishmediation.org.uk

There is clear

evidence that partieswho have engaged in

mediation to resolve adispute

often find both the

process and the resultmore satisfactory

than those who have

proceeded

to litigation.Final Report of the Civil Justice AdvisoryGroup, Jan 2011

Inside this issue page

CJAG Report 1-2

Decade ofHomelessnessMediation

3

Review of

MediationRegister

4

GovernmentConsultation:WorkplaceDisputes

6

ScottishMediationHelpline

8

CelebratingNeighbourhood

Mediation

9

Advertisements 10-11

collaborate

The Scottish MediationNetwork is now on

LinkedIn

Why dont you join us?

LinkedIn is a professional

networking site and free tojoin.

Scottish Mediation Networkgroup will provide a forum

for discussion, enablecontact with fellow

members and enable thesharing of experience and

knowledge.Click hereto join.
http://www.linkedin.com/groups?home=&gid=3670905http://www.linkedin.com/groups?home=&gid=3670905http://www.linkedin.com/groups?home=&gid=3670905http://www.linkedin.com/groups?home=&gid=3670905http://www.linkedin.com/groups?mostPopular=&gid=3670905http://www.linkedin.com/groups?home=&gid=3670905http://www.linkedin.com/groups?home=&gid=3670905


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Cont....

MediationCJAG found that there was clear evidence that parties who have engaged in mediation toresolve a dispute often find both the process and result more satisfactory than those who

have proceeded to litigation.Mediation was seen as essential to the application of triage;those with disputes should be able to access information about the range of options forresolving them, allowing them to make informed decisions about how to progress.

The recommendation was that court rules should be introduced which encourage but donot compel parties to go to mediation.

In order for triage to work effectively people have to be able to access mediation servicesand CJAG have recommended that a mediation scheme should be available which could beaccessed before a court action is raised as well as being available to the court. The reportindicated that the need for an affordable, easily accessible and sustainable pre-court

mediation process should be explored.

Charlie Irvine represented SMN on the CJAG and reported that there appears to be anappetite for mediation to be hardwired into the structure of the civil justice system as hasalready happened in England and Wales.

Both the Final Reportand Summaryof the Civil Justice Advisory Groupare available on theConsumer Focus Scotland website: www.consumerfocus-scotland.org.uk

Scottish Government Response to the Scottish CivilCourts Review

In November Collaborate reported that The Scottish Mediation Network welcomes theScottish Governments response to the report and recommendations of the Scottish CivilCourts Review. In particular we welcome the commitment to consider carefully the feasibilityof a national mediation service.

A Scottish Government spokesperson has commented that we are grateful that the ScottishMediation Network has welcomed our response to the Report of the Scottish Civil CourtsReview, but has pointed out that what was actually said in the Governments response in

relation to the feasibility of a national mediation service was as follows:

It is likely that any new or expanded support service will only be affordable if they arefunded by efficiencies delivered through other charges introduced to the justice system.Subject to these financial constraints, we will consider carefully any recommendations of theCivil Justice Advisory Group led by Lord Coulsfield, which is examining ways to create andsupport user friendly dispute resolution processes for claims of low financial value, and howbest to ensure access to justice, including through public legal education and alternativedispute resolution.

The Civil Justice Advisory Group reported on 18 January and has made a number of

recommendations relating to mediation in Scotland which are being considered carefully bythe Government.
http://www.consumerfocus.org.uk/scotland/files/2011/01/Civil-Justice-Report-final.pdfhttp://www.consumerfocus.org.uk/scotland/files/2011/01/Civil-Justice-Report-final.pdfhttp://www.consumerfocus.org.uk/scotland/files/2010/10/Civil-Justice-Advisory-Group-Summary.pdfhttp://www.consumerfocus.org.uk/scotland/files/2010/10/Civil-Justice-Advisory-Group-Summary.pdfhttp://www.consumerfocus.org.uk/scotland/policy-research/legal/civil-justice-advisory-grouphttp://www.consumerfocus.org.uk/scotland/policy-research/legal/civil-justice-advisory-grouphttp://www.consumerfocus.org.uk/scotland/policy-research/legal/civil-justice-advisory-grouphttp://www.consumerfocus.org.uk/scotland/files/2010/10/Civil-Justice-Advisory-Group-Summary.pdfhttp://www.consumerfocus.org.uk/scotland/files/2011/01/Civil-Justice-Report-final.pdf


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For the last decade mediation between young people and their parents has been recognisedby policy makers as an important measure in the prevention of homelessness.Consequently, since 2001 Scotland has seen an explosion of pilots, short and long termprojects, as well as significant developments in homelessness strategies.

What have we learnt? What have we unlearnt? How do we mediate in these volatilesituations? Can the principles of mediation successfully mesh with local authority priorities?Does mediation really prevent homelessness?

The development worker for Amber, Emma Dore, has teamed up with the ScottishCommunity Mediation Centre to investigate the story of mediation between young people

and their families in Scotland. Mediators across the country are being interviewed abouttheir current and previous experiences of working in this unique field. The report will includea summary of each project and an analysis of the research findings. Also reviewing recent,relevant literature it will examine mediation within the changing landscape of homelessnesspolicy and look to the future during this period of tightening purse-strings.

Drawing together learning from across Scotland the report will promote best practice andstimulate development. It is hoped that it will also raise awareness of mediation, whichdirectly tackles the biggest cause of youth homelessness, relationship breakdown.

The report will be published at the beginning of May 2011. If you have delivered this kind of

mediation, whether on an ad-hoc basis or as part of a dedicated project, or if you would likea copy please contact: [email protected]

A Decade of Homelessness Mediationin Scotland

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Mediation Conversion Course: Workplace Mediation24th25th February

LIMITED PLACES REMAINING

300 Members, 350 Non-members

For further details and to book a place on the course, contact

[email protected] 556 1221
mailto:[email protected]:[email protected]:[email protected]


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The Standards Board for the SMRagreed that the time was ripe to reviewthe Benchmark Standards andoperation of the SMR. The ScottishGovernments Justice Department haveprovided funding for this task.

The Standards Board have agreedthat the Review should seek to:

Improve the quality assurance ofmediation in Scotland.

Ensure the quality standards forthe Register are benchmarkedagainst similar schemes such asthe Civil Mediation Council andthe College of Mediators inEngland and Wales.

Strengthen the Register byexploring means of linking withother specialist mediationregisters in Scotland.

A three person review group has beenestablished and involves MargaretLynch, the Director of the ScottishMediation Network, Ian McDonough inhis capacity as Chair of the StandardsBoard and Stuart Valentine as ChiefExecutive of Relationships Scotland.Both Stuart and Ian are Board membersof the Scottish Mediation Network.

SMR Review Consultation MeetingsAberdeen Thursday 3rd March

5pm7pmCentre for Lifelong LearningRegent BuildingUniversity of Aberdeen

Dundee Thursday 3rd March11am1pm

Incubator UnitJames Lindsay PlaceDundee University

Edinburgh Wednesday 23rd February2pm 4pm

Gillis Centre100 Strathern RoadEdinburgh, EH9 1BB

Review of the Scottish Mediation Register (SMR)

Review Process

Invitation to participate in the

Review to all members of theSMR

C o n s u l t a t i o n P ape r a n dQuestionnaire will be sent to allmembers of the SMR

3 Consultation events will beheld where SMR members willhave the opportunity toparticipate in the consultation inperson (Edinburgh, Aberdeen

and Dundee)

Meetings will be held with avariety of stakeholders includingthe Scottish Government,Mediation Service Users, ACAS,Scottish Community MediationNetwork, Relationships Scotland.

A Final report will be producedwith Recommendations which

will be put before the StandardsBoard of the SMR who will takethe final decisions on whichrecommendations to implement.

Feedback to SMR members willbe provided via a meeting andweb based information.

To book a place at a consultation event,contact the Scottish Mediation Network:

[email protected] 556 1221


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The target group for SMNs Peer Mediation

Training in 2011/2012 is Looked AfterChildren and Young People and theirparents/carers. Provision of training toYoung People in West Lothian will be fundedin 2011/2012 by the Robertson Trust.

The purpose of the Peer Mediation Trainingis to equip vulnerable Young People andthose who care for them with a mutualunderstanding of conflict and conflicthandling skills that effectively reduce

challenging behaviour and enable YoungPeople to better handle conflict.

The Scottish Mediation Network will: Provide a Training Programme and

Toolkit which can be used byparents/carers and Looked AfterChildren and Young People to givethem an understanding of conflict,anger responses, conflict handlingtechniques and conflict resolution

skills. Provide training courses for the

parents/carers of Looked AfterChildren and Young People.

Provide peer mediation courses forLooked After Children and YoungPeople.

Make the Peer Mediation Trainingand the benefits it producessustainable by setting up andsupporting Peer Mediation Circles in

each Residential Home. Evaluate the impact of the training

on the Young Peoples behaviourand responses, and the impact ofthe training on the adults conflicthandling capacities.

Use the evaluation of this project tolobby the Scottish Government forthe inclusion of conflict resolutionskills in the Curriculum forExcellence.

Carol Hope will undertake the Training

Programme Design and production of theToolkit and the delivery of the training inWest Lothian. Carol is Scotlands mostexperienced peer mediation trainer. She isan accredited family, workplace, equalitiesand additional support for learningmediator.

Carols pioneering work with Looked AfterYoung Children has been recognised for itsexcellence, winning an award from the

Scottish Institute of Residential Child Careand the Centre for Effective DisputeResolution (CEDR) Tony Curtis award:

The need for this project is clear: One in five Young People leaving

care ends up homeless. (StatisticsPublication Notice, ScottishGovernment, Feb 2010)

Looked After Young People are sixtimes more likely than other kids to

be excluded from school.Aggressive behaviour and pooranger management are often citedas the main reasons for schoolexclusion. (Looked After Childrenand Young People, ScottishGovernment, Jan 2007)

One in Five of Scotlands persistentyoung offenders are Looked AfterChildren and Young People.(SACRO)

Peer Mediation Programme for Looked

After Children and Young People

...a special award for theScottish Mediation Networkfor its initiative of Peer Me-diation for young people incare, a highly commendable

project designed to make adifference to the lives of a

vulnerable group of youngpeople by using the principlesof mediation. (CEDR)


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Resolving Workplace Disputes:Government Consultation

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The UK Government announced a major consultation on Resolving Workplace Disputes in

January 2011, which has the potential to have a major impact on the use of mediation in

employment.

The issue which hit the headlines was their proposal to increase from one year to two the

qualifying period of employment before bringing a case to tribunal. However what has been

missed in the furore surrounding this proposal is the more welcome focus on mediation as a

means of early dispute resolution.

Research from the CIPD indicates that in the UK workers spend on average 1.8 hours each

week dealing with conflict.1 The annual cost of this to the UK economy (in 2008) was

estimated at 24 billion.2 The Government believes there is significant scope for encouraging

parties to resolve disputes at the earliest opportunity and thinks that mediation has a key

role to play in reducing the financial burden of unresolved conflict. The consultation

document states:

The Government is keen to understand the current extent to which mediation is used to

resolve a dispute before it escalates to an employment tribunal. There is little information

about the extent to which mediation has been successfully used which they define as when

the dispute does not result in a tribunal case. The consultation seeks to establish what

interested parties see as the costs and benefits of using mediation, and what barriers might

be preventing employers and employees from using mediation as a way to agree a solution

to a dispute. They want to know if mediation is more helpful in some kinds of cases than

others and, if so, which? They also want to know the extent to which the voluntary sector

provides mediation services for employment disputes and whether there may be scope to

enhance this provision.

Mediation is a process that delivers a solution developed and

agreed by both parties, a win-win outcome that benefits

parties not only in terms of the direct savings from avoiding

the tribunal route, but also in terms of preserving theemployment relationship, maintaining productivity, reducing

sickness absence and increasing employee engagement.

Figures show that while the cost of resolving a dispute

through a claim to an employment tribunal can cost an

average of 3800 for business, and 1500 for a claimant, with

many taking at least 26 weeks to reach determination,

mediation is often completed in a day, usually at a cost of

around 1200 if parties act quickly, when a problem first

arises.3


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The consultation puts 7 questions related to mediation:-

To what extent is early workplace mediation used?

Are there particular kinds of issues where mediation is especially helpful or where it

is not likely to be helpful?

In your experience what are the costs of mediation? What do you consider to be the advantages and disadvantages of mediation?

What barriers are there to use and what ways are there to overcome them?

Which providers of mediation for workplace disputes are you aware of? (They are

interested in private/voluntary/social enterprises please specify)

What are your views or experiences of in-house mediation schemes? (Advantages

and disadvantages)

The Scottish Mediation Network would encourage all mediators involved in work place

mediation to respond to this consultation which can be completed online at:

http://tinyurl.com/34u7rr5

SMN will be submitting a network response and invites all those involved in workplace

mediation to a meeting on Monday 21st February from 2pm 4pm at 18 York Place,

Edinburgh, to consider our response. If you wish to attend this meeting, please send your

contact details to [email protected]

If you would like to contribute to the Scottish Mediation Networks response, but are unable

to attend the meeting, please submit your response to [email protected]

Full Consultation document available: http://www.bis.gov.uk/assets/biscore/employment-matters/docs/r/11-511-resolving-workplace-disputes-consultation.pdf

1. www.opp.eu.com/SiteCollectionDocuments/pdfs/fight_flight_or_face_it.pdf

2. www.cipd.co.uk/news/_articles/poor-conflict-management-skills-cost-uk-plc-billions.html

3. http://www.bis.gov.uk/assets/biscore/employment-matters/docs/r/11-511-resolving-workplace-disputes-consultation.pdf

A local membership group for the north east of Scotland hasbeen set up and had its inaugural meeting on January 20th inthe Centre for Lifelong Learning at Aberdeen University, towhom we are very grateful for the use of their premises. Thiswas an opportunity to set up local networking opportunitiesand discuss issues of relevance to the local area and group.Thanks also to those who came along and had an enjoyableand lively discussion.

The group discussed a number of issues in depth includingconfidentiality, standards and what the group would like to seein terms of information resources on the website.

We are very aware that travel and accommodation costs can

be prohibitively expensive for members and practitionersoutwith the central belt, and we are hoping to initiate morelocal area groups with a regional focus. We also hope to havemore visits to regional areas by speakers and by the supportgroup in Edinburgh.
http://tinyurl.com/34u7rr5mailto:[email protected]:[email protected]:[email protected]://tinyurl.com/34u7rr5


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Invitation to join the Panel of theScottish Mediation Helpline

The Scottish Mediation Network is establishing a Scottish Mediation Helpline in orderto:-

Increase awareness of mediation services in Scotland Grow the market for mediation in Scotland Provide an easy access and referral point for people wishing to use mediation

services in Scotland

The Helpline will be based on the model provided by the National Mediation Helplinewhich operates in England and Wales.

SMN is seeking to recruit a panel of mediators who will provide the mediationservices for the Scottish Mediation Helpline. Mediators on the panel would berequired to:-

Provide pro bono mediations for claims where the value of the claim is lessthan 250 it is envisaged that these mediations would be done bytelephone

Contact the parties to set up a mediation appointment within 24 hours ofreceiving a referral

Use the fee scale for mediations conducted as a result of referral from theSMH

Complete a mediation report and return it to SMN for each mediation referral

If you wish to join the panel of mediators you should:- Be a current member of the Scottish Mediation Register Notify us of your wish to join the panel by completing the form in the SMR

mailing and returning it to [email protected] noonon 24th February 2011

Be prepared to attend a briefing meeting prior to the launch of the ScottishMediation Helpline

Advertise in Collaborate

SMN Member Non-Member

1/4 page Free 50

1/2 page Free 100

Full page 75 200

For enquiries or to place an advert in Collaborate, please [email protected] will be published subject to editorial discretion.
mailto:[email protected]:[email protected]:[email protected]


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West Dunbartonshires Neighbourhood

Mediation Service recently celebrated tenyears of helping neighbours resolve theirdisputes amicably.

To mark this milestone, the NeighbourhoodMediation Service held a seminar at theiroffices in Leven Valley Enterprise Centre.

The Mediation Service forms part of WestDunbartonshire Councils new integratedCommunity Safety & Anti-Social Behaviour

Service, and aims to bring neighbourstogether to sort out their differences byencouraging and supporting them to talk toeach other and reach a mutuallyacceptable solution.

Mediators are trained to professionalstandards and deal with community andneighbour-related problems. The Serviceoperates by referral from clients, theCouncils Housing department, local

housing associations and a host of otheragencies including Strathclyde Police.

Delegates attending the seminar were treated

to talks from the Scottish CommunityMediation Centre, Strathclyde Police,Clydebank Housing Association & the AntiSocial Behaviour Officer Forum (ASBOF),followed by a question and answer session.

Gary McCallum, the Services Senior MediationOfficer, said: Its important that we raiseawareness of what mediation can achieve.Mediation is free and accessible to allresidents of West Dunbartonshire. No matter

how trivial the dispute may seem, theMediation Team works with all partiesconcerned, giving them the opportunity tospeak and be heard with the aim of reaching aresolution everyone can live with. It can helppeople avoid the stress and financial worriesof employing a solicitor and going to courtand in many cases forge better neighbourrelations within the community.

For further information on the Neighbourhood

Mediation Service in West Dunbartonshire,please contact 01389 608420.

Celebrating 10 years ofNeighbourhood Mediation


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Rowan Consultancy has a successful track record providing workplace mediation to helpresolve conflicts in Scottish organisations. Customers include Scotland Transerv, Tayside Fireand Rescue and Scottish Autism.

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Very useful skills and techniques for facilitating meetings. Good practical advice which canbe used on a day-to-day basis, not just in mediation meetings. I thoroughly enjoyed the two

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This course is for decision-makers, managers, legal and other advisers, leaders, negotiators and

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Scottish Community Mediation Centre

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Shuttle Mediation22 February 2011Edinburgh453 hours CPD

This half day course explores the use of shuttle mediation. It examines the purposeand uses of shuttle mediation and gives participants the opportunity to practiceeffective shuttle techniques.

Two-Day Conversion Course for Young People/Families Mediation20 + 21 January 2011Edinburgh250

This two-day course is aimed at giving experienced mediators the necessaryunderstanding and skills to enable them to practice as mediators in conflicts betweenyoung people and their families where there are issues around housing andhomelessness. It examines the issues facing young people and their families andgives participants the opportunity to practice a range of techniques in a supportive

environment.

Five-Day Mediation Skills Course23, 24, 30, 31 March & 7 April 2011Glasgow600 per participant

This is a an assessed, accredited course for people who will be using mediation skillsin their work. The course provides information on key concepts in mediation and theopportunity to discuss and practice basic skills in a safe, relaxed atmosphere. Thecourse covers the whole mediation process from first contact with the service toclosing a case including clients' expectations before and during mediation and how tomaintain impartiality and confidentiality. The mediator's role is explained andpractised using typical scenarios for first visits to explore mediation as an option,preparing clients for joint meetings and handling difficult behaviour at a meeting.

To book a place or for more information on any of the above courses, please contact:Robert Lambden at Scottish Community Mediation CentreTel. 0131 624 9200 ore-mail: [email protected]

The Scottish Mediation Network is funded by the Justice Directorate of the Scottish Government andthe Network for Social Change.

Scottish Charity No SC034921 Company No SC258173
mailto:[email protected]:[email protected]