Information for Solicitors
We hope this section will be useful for solicitors who are - or may not be - familiar with mediation.
If mediation is a new process for you, the Advocacy In Mediation document may help your discussions with Clients.
It includes areas such as : deciding when to consider mediation; identifying the possible advantages of mediation; understanding some of the arguments against mediation; knowing when mediation is not appropriate; approaching the other party; setting up a mediation; the preparation or approval of the Agreement to Mediate; advising during the process and drawing or approving the Settlement Agreement.
Alternatively we would be happy to:
- Arrange a private meeting to discuss whether mediation might be appropriate in your Client's case.
- Enable you or your Client to talk with past Client's or their advisors to gain an independent view of the process and of us.
- Arrange a Mediation Role Play for you and your colleagues to see what can happen and enable you to raise any questions you may have.
Solicitors List
The Solicitors List document gives contact details of lawyers who consider that mediation may be helpful in assisting clients to achieve a settlement which recognises their interests and meets their needs. A suggestion that a case may be appropriate for mediation will be treated on its merits and not as a sign of strength or weakness. The list is continuously updated, but if you are unable to find a firm or individual, please let us know and we will contact them.
If you would like to have your details added to the list, please contact Jeremy Scuse.
Proposed New Rules For The Sheriff Courts
New rules have been proposed for the Scottish Sheriff Courts in a consultation document issued by the Sheriff Court Rules Council. If adopted, they will require parties to give consideration to the use of mediation and ADR procedures before and during litigation, with (potentially) financial consequences for failure to do so. Catalyst Mediation has lodged responses to the consultation document, the substance of which are
- that mediation should not be mandatory
- that specific reasons should not be required for not agreeing to use mediation
- that the court would be entitled to be satisfied that the parties have obtained reasonable information about mediation and given that information due consideration.