The Expert Group on Mediation in Civil Justice in Scotland issued a report arguing that more disputes could be settled outside of the court system through mediation. The report lists the value of mediation and calls it a “tried and tested process” for resolving disputes.

It also points out that mediation is faster, less formal, and less expensive than litigation. It also reminds parties that they remain in control of the process and the outcome when a dispute is mediated. The report points to studies showing that mediation can result in solutions that are better for meeting the needs of the disputing parties than litigation. In general, it offers wider benefits to everyone both directly and indirectly involved.

The Expert Group on Mediation in Civil Justice in Scotland’s report states that court reform hasn’t done enough to expand the use of mediation. According to the experts, there is need for change within the litigation system because one size does not fit all disputes. The group believes that by adopting a more proactive approach through civil mediation, there will be a more viable pathway to resolution for many disputes.

The group’s report goes on to propose a coordinated strategy for normalizing mediation in Scotland’s civil justice system.

According to The Expert Group on Mediation in Civil Justice in Scotland’s co-chair, John Sturrock QC, “In particular we note that mediation is consistent with the aspirations of the National Performance Framework and, more generally, with a society in which people are valued, relationships are enhanced, choices are made by those most affected, constructive solutions are sought for difficult problems and financial and other resources are wisely deployed.”