Mandatory Mediation – Scotland needs a different approach

Have you seen our new guest blog by Rosanne Cubitt where she discusses the options for families to become more aware of mediation as an option for resolving disputes; “We are calling for parents to be required to attend an information meeting giving them a chance to explore their options fully”

~What are your thoughts about the best way forward to make sure families are fully informed about their options?

Hi , Working with schools and them allowing the info to be part of what they already give to parent and YP.

Thanks Craig, I think your right schools can be a really good way to disseminate information about mediation and begin working with children and yougn people at a very early age so that mediation is part of their culture of resolving conflict.

Are there any other ideas out there around ensuring parents are aware of the options available to them if going through divorce and separation?

Hi Abbey, I agree that schools are provide an ideal environment. However just thinking about how to inform people and how stressful these scenarios can be. I believe there is some value to look at promoting mediation information meetings through other services that may be supporting the parties, in particular GP’s. I would suggest that a lot of people when feeling stressed go to their GP as a ‘safe and confidential’ place to seek help. Therefore there maybe some merit in providing relevant guidance to staff in GP surgeries, and information and resources to visiting patients. It would be useful to find out from others their thoughts.

Great post by Rosanne and a very pertinent discussion you’ve raised Abbey.

MIAMs have failed down South by and large because of the legal aid funding difficulties, lack of public awareness, and the ease by which they can be circumvented by parties itching to get their day in court.

Unfortunately we’re faced with a culturally rooted and deeply entrenched system of civil justice in Scotland, where the general understanding is that family disputes should be litigated rather than discussed. We’re fighting each and every day to change that acceptance, and that fight will only begin having an effect when the government mandates that both parties must attend information meetings ahead of certain family cases, with exceptions being only genuine cases where the mediator signing the relevant form deems it inappropriate.

This, coupled with excellent innovations like the SCCR going into schools and mediation becoming as compulsory in law degrees as advocating skills, will make a huge inroad towards the goal of constructive discussion becoming the primary form of family conflict resolution in Scotland.

It’ll be a long road, but my engine’s revved! :blush:

Thanks for all of your thoughts! Challenging the culture of how we manage conflict in Scotland is very close to the heart of the SCCR. I believe through sharing our thoughts and experiences in spaces like these we move a little bit closer to doing things differently.

Great blog from Rosanne. The process being discussed would allow parties to at least make an ‘informed’ decision. Parties are often reluctant to meet with mediators initially, but when information is shared, about the dispute and about mediation, then parties generally become significantly more engaged. Trained mediators are best placed to share information about mediation with parties.

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