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Chamber and committees

Question reference: S6W-17052

  • Asked by: Fiona Hyslop, MSP for Linlithgow, Scottish National Party
  • Date lodged: 14 April 2023
  • Current status: Answered by Siobhian Brown on 27 April 2023


To ask the Scottish Government whether any further consideration has been given to the introduction of a mediation bill, in light of the recommendations made in the 2019 report, Bringing Mediation into the Mainstream in Civil Justice in Scotland, which proposed introducing a mandatory requirement on parties to attend a session about mediation, funding options and primary legislation by way of a mediation act.


The Scottish Government response to the recommendations of the Report of the Independent Review of Mediation in the Civil Justice System in Scotland was published in December 2019. As set out in that response, we confirmed our intention to work with key stakeholders on a collaborative basis to fully understand the implications of those proposals in order to assist help shape any potential future legislative reform.

The Scottish Government established a Dispute Resolution Group consisting of key organisations and agencies representing a wide range of interests including dispute resolution organisations, Scottish Courts and Tribunal Service and consumer bodies to develop and shape an evidence-based package of reform aimed at mainstreaming the use of mediation in the civil justice system in Scotland. The Group met in 2020 but the work of the Group ceased due to the combined pressures of responding to Brexit and COVID 19.

The Scottish Government is using its existing powers to provide funding to key Mediation and Arbitration delivery organisations to give our citizens access to flexible, affordable and less stressful means of settling disputes benefitting them and saving time in courts.

We are also working with key stakeholders to continue the expansion of the availability of mediation services across Scotland to ensure access to justice for all our citizens.