Most cases are suitable for mediation. Any case which is capable of being settled by negotiation can be mediated. Mediations have been conducted in Scotland recently involving issues in the following areas:

2. There are a few situations in which mediation (as with negotiation) would not be suitable:

• Where parties desire a decision on a point of law
• Where an order of the court, such as interdict or an enforceable decree, is essential
• Where publicity is desired
• Where one or more parties has no desire to negotiate at all

3. All other cases are potentially suitable for mediation. As an illustration, if the answer is “yes” to any of the following questions then the case is likely to be suitable for mediation:

• Is it important for the case to be settled quickly for commercial or other reasons?
• Do you or the client wish to avoid publicity – or establishing a precedent?
• Does the case involve a number of parties and there are difficulties in putting together a comprehensive settlement?
• Are the other side’s solicitors having client control problems – or are you having difficulty negotiating or communicating with the other side generally?
• If you are for the defender, have the pursuer’s solicitors indicated that proceedings are to be raised?
• Is the case 12 weeks or less away from a substantive hearing – e.g. proof/debate?
• Have phone calls or letters to the other side’s solicitors gone unanswered or failed to generate the response you want?
• Have negotiations become bogged down?
• Have you concerns about the client’s ability to withstand a drawn out litigation, to cope generally or to present well in court?
• Is there a need to present the client’s position to the other side in a forum where the key people are present?
• Do you need to get certain people to the negotiating table?
• Are there possible solutions to the case which are not available through the court process?
• Are you concerned about the ongoing cost of this dispute?
• Do you want to retain control over the outcome rather than leave the case to a litigated conclusion?

4.  Core Mediation will guide parties through all the stages, including:

• providing initial advice
• finding a suitable date or dates,
• identifying the costs and fees,
• selecting an appropriate venue,
• helping with preparation for the mediation (including statements of the parties’ positions and any documents),
• identifying the mediator of the parties’ choice and
• drafting and advising on the mediation agreement

5.   If you have a case in which you wish to try mediation at any stage, you can contact the other side and suggest mediation. If they are willing to take this route, you can then to contact Core Mediation and we shall help you to make all the necessary arrangements. Alternatively, as soon as you think mediation may be an option, you can approach us in the first instance and ask us to contact the other side. This can be effective in providing reassurance to all sides, the necessary information and independence in the process throughout.

You can withdraw from mediation at any time and need not disclose anything you do not wish to disclose. You are simply continuing negotiations in a structured setting.  The availability of the impartial mediator and the key people on all sides provides an excellent opportunity to resolve the dispute.