Ash Denham

In a response to the independent review of mediation, the government detailed proposals for review.

Legal affairs minister Ash Denham said: “In the months ahead we will also continue to develop our policy on a collaborative basis with key stakeholders both within a “Collaborative Partnership on Dispute Resolution” as well as a new “Scottish Dispute Resolution Delivery Group”, which will meet for the first time early in 2020.”

She added, however, that she is “highly sceptical” about the use of mediation “in cases involving domestic abuse, sexual violence or gender based violence”.

Ms Denham said there would be a public consultation on “proposals for increasing the consistency and use of mediation within the civil justice system in Scotland during 2020.”

Jim Stephenson, convener of the Law Society of Scotland’s Access to Justice Committee, said: “There is clear potential for the wider use of mediation. Simple procedure cases are an example of this, where the rules allow for diversion to alternative dispute resolution (ADR) but aren’t always supported by an effective, affordable, nationally available service. There are some disputes which may not benefit from mediation and some, such as in situations involving domestic abuse, where it would be inappropriate.

“We have been looking at ways in which ADR can promote access to justice, with a survey and roundtable event earlier in the year and look forward to working with Scottish government and other stakeholders in the new year to consider practical proposals to promote access to justice through ADR.”