• Why Use Alternative Dispute Resolution?
• Methods of Dispute Resolution
  • Arbitration
  • Direct Negotiation
  • Expert Determination & Neutral Evaluation
  • Mediation or Conciliation
  • Ombudsmen & Regulators
  • Tribunals
  • Contact details
• How Much Does it Cost?
• Legal Aid
• Going to Court

Mediation & Conciliation

These involve an independent mediator (someone who doesn't take sides, but whose job is to help you and the other person or company find a solution to the problem).

You and your opponent, not the mediator, decide what will happen and the terms of any agreement you make. The process is voluntary, so you cannot force the person or organisation you have a problem with to take part.

Mediation and conciliation themselves are non-binding, but they can be made binding if there is a signed mediated agreement. This means that the courts can make either side do what they agreed to in the agreement.

However, people tend to keep to mediated agreements because they have come up with the terms of their agreement themselves. But what is said in a mediation session is confidential, so it cannot usually be used in court later.

When can I use it?

Relationship and Family Problems

Any problem to do with a divorce or separation can go to mediation. These include:

• Arrangements for children, including where they will live, who they will live with, and how often they will see each parent;
• Who will have property and belongings;
• How your ex-husband or ex-wife, or children will be supported; and
• How and when you will contact your ex-husband or ex-wife.

Mediation can also deal with other types of problems within families, including:

• Problems between young people and their parents; and
• Disagreements over who will care for elderly parents and how they will be cared for.

You can find a family mediator or mediation service near you from:

• Family Mediation Scotland
• The Law Society of Scotland
• The Scottish Mediation Network; and
• The UK College of Family Mediators.

Problems with Neighbours

If you have a disagreement with a neighbour about noise or harassment, for example, you can try to sort it out using community mediation.

Contact SACRO or the Scottish Mediation Network for details of your nearest community mediation service or your local authority.

If you are a tenant of a local authority or a registered social landlord (generally a housing association), you may wish to contact your landlord in the first instance for advice.

Your landlord may be able to offer mediation or to refer you to a mediation service or to suggest an alternative solution. If your neighbour is also a tenant of your landlord you can ask your landlord to take up the matter with your neighbour on your behalf.

But it is always better to try to speak to your neighbour direct and only go to the landlord if this does not resolve matters.

Community mediation is usually free to local residents. The issues community mediation can deal with include:

• Noise;
• Problems with local children;
• Problems over shared land or facilities;
• Parking;
• Pets; and
• Property boundaries.

Local authorities in Scotland have a strategic role to play in tackling anti-social behaviour in their communities.

There are many good examples of alternative dispute resolution initiatives being undertaken by local authorities including mediation services, use of acceptable behaviour contracts and good neighbour agreements, intensive support for young people and for troubled and troublesome families.

Further details of these initiatives can be found in the SE publication Not Reinventing the Wheel - a Directory of Current Practice in Tackling Anti-Social Behaviour by Scottish Local Authorities

Problems at Work

You can try to solve many employment disagreements through conciliation or negotiation, including problems to do with:

• Unfair dismissal;
• Equal pay;
• Redundancy payments;
• Terms and conditions of your job; and
• Discrimination because of your race, sex or a disability.

The Advisory, Conciliation and Arbitration Service (ACAS) offers free conciliation for many types of employment problems. Work place and employment dispute mediators are also available, contact the Scottish Mediation Network for more details.

Problems with Discrimination if you have a Disability

If you have a disability and you feel you have been discriminated against by a retailer or service provider, you may be able to use The Equality and Human Rights Commission’s disability conciliation service offers an effective alternative route to court action, when a breach of the Disability Discrimination Act may have occurred.vice. For advice or referral to the scheme please click on the link here.

If you feel you have been treated less favourably at work because of a disability, your sex or your race, you can consider using conciliation provided by the Advisory Conciliation and Arbitration Service (ACAS).

Harassment and discrimination claims at work or between neighbours can also be sorted out using mediation. The best way to find a service is to contact the Scottish Mediation Network.

Problems with your child's education

You may be able to use a local authority mediation service to help sort out a problem about:

• How or why your child was excluded from school; or
• Additional support for learning needs that you feel your child has.
• Alternatively, contact the Scottish Mediation Network.

Other Problems

You may be able to use mediation for other problems, including:

• Problems with goods and services;
• Business disagreements;
• Medical accidents;
• Personal injury; and
• Housing.