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  • Standards
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  • Benchmark Standards Group

Terms & Conditions

Find a Mediator

Mediators can assist in all sorts of different sorts of disputes. Below you will find descriptions of the most common sort of areas where mediators have experience. If you cannot find a description which is fits with what you are looking for, please contact the Scottish Mediation Register.

Additional Support Needs

Under Scottish law, any child who needs more or different support to that which is normally provided in schools or pre-schools to help with learning is said to have additional support needs. There are a wide range of reasons why some children may need this extra help.

The Education (Additional Support for Learning) (Scotland) Act 2004 includes a requirement for education authorities to have in place arrangements for independent mediation to resolve disputes between parents and the authority and/or school regarding a child who has additional support needs.

Independent mediation can help families and authorities to build or rebuild a positive relationship, leading to co-operation in making arrangements for the child or young person.

It can help avoid conflicts that arise out of misunderstandings or lack of shared information by helping parents, teachers, authority officials and others involved in the child’s education to communicate directly with one another.

The aim is that the disputing parties come to a shared agreement on how to resolve their differences themselves.

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Business & Commercial

Mediation can be used at any time when all parties genuinely want to see an end to the differences or dispute between them, to move on from ineffective negotiations and to find a mutually effective way forward.

Mediation can assist business people to manage and resolve disputes or differences quickly and effectively in situations involving:

• management, organisational or board-room conflict
• Professional, commercial and public sector disputes
• Difficulties which have reached, or are heading towards, Court
• Disputes about professional services
• Contracts and projects of any size

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Community & Neighbour

Community / Neighbour mediation is a way of resolving disputes between those who live in the same locality or neighbourhood. Disputes may involve issues such as noise, anti-social behaviour, boundary problems or verbal abuse, amongst other things.

Trained mediators, who do not take sides, help both parties to come to an agreement about the problem in hand. This type of mediation, if performed face to face, has a very high success rate (90%).

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Discrimination

The Disability Conciliation Service (DCS) is an independent scheme for resolving disputes about disability discrimination in the provision of goods and services and in education. It is funded by the Disability Rights Commission.

The scheme was set up to provide an alternative to court for complaints of discrimination under the Disability Discrimination Act 1995 Part III (consumer disputes) and Part IV (education).

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Environmental & Planning

Environmental and Planning issues are usually resolved amicably. But sometimes, bitter battles leave in their wake sore losers and bruised victors. Major developers and local authorities can afford powerful teams of experts. The community can feel excluded if they can't muster similar resources.

Dig deeper and you may find mistrust between developers, the community and the planning authority.

Mediation replaces confrontation with dialogue. It improves understanding from the outset and builds consensus. An independent trained mediator brings all the interested parties together. They then explore, in complete confidence, the possibility of reaching an agreement that everyone can live with.

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Family

Family mediation is a voluntary process which gives people who are separating or living apart the opportunity to make their own arrangements relating to issues with children, money, property and possessions.

Reaching agreement through mediation can avoid lengthy negotiation through solicitors or disputes in the courts. It can also help parents focus on what is best for their children at very difficult time.

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Homelessness

The majority of homeless people or potentially homeless people want to retain or re-establish contact with friends and particularly with family but often feel that things have been said and done which are a barrier to this. Sometimes raising the individual’s confidence may enable them to address the issues themselves, sometimes another family member can act as a go between but often if common ground is to be re-established outside independent mediation is required.

Mediation is voluntary, impartial and solution focussed. Through providing a non judgemental safe space to talk through issues, young people and their families are assisted to resolve conflict and increase positive communication. We also provide sign posting and support to young people and their families.

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In Court

Mediation can provide assistance with civil disputes, helping people to resolve problems without going to a full hearing before a Sheriff or Judge.

It is a form of alternative dispute resolution which complements Court procedures. The parties meet with an impartial mediator who facilitates the discussion between them to help reach agreement about how the dispute could be settled. The terms of any agreement are completely within the control of the parties.

Participation in mediation is voluntary and works best when parties are acting in good faith.

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Religious & Church

Disputes sometimes arise among fellow members of a faith, denomination or religious organisation. Mediators work in a range of situations: with individuals, with leadership teams, with whole congregations or other large groups. Mediation often opens a way forward for people who share a faith and who are struggling to work co-operatively together. The key is to help them address their grievances and build their own agreements for the future.

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Schools/Peer

Peer mediation is when school children and young people are trained to help other young people sort out their disagreements. These disputes can range from unkind behaviour to disagreements in playground. Pupils who are trained to use mediation skills are called Peer Mediators.

Peer mediation involves two trained mediators assisting pupils in conflict through a series of steps so that they can find their own way of resolving their problems. Difficulties and disagreement are faced and brought out into the open. Through acknowledgement and careful exploration comes shared understanding which usually leads to a negotiated, constructive, non-violent way of managing the conflict.

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Workplace

Mediation can be used in many ways relating to the workplace. For example, where there has been:

• A breakdown in a working relationship
• An accusation of bullying/harassment/discrimination that remains unresolved
• A desire to rebuild a working relationship
• An employment tribunal application raised, whether or not the employment has ended

There are different styles or approaches of mediation that may be suitable depending on the context and organisational culture. These range from an informal peer-based mediation to a more formal mediation process with a paid independent mediator.

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