Current status: Answered by Kirsten Oswald on 16 June 2026
To ask the Scottish Government whether it will provide an update on the implementation of section 23 of the Children (Scotland) Act 2020 in relation to Alternative Dispute Resolution.
Section 23 of the Children (Scotland) Act 2020 (the 2020 Act) requires Scottish Ministers to make funding available, through legal aid or otherwise, to help individuals cover the costs of alternative dispute resolution (ADR) in family law cases under section 11 of the Children (Scotland) Act 1995 or where such cases are likely to arise. This includes disputes about child contact and residence following parental separation and aims to help people resolve issues out of court, where possible.
In line with section 24 of the 2020 Act, our intention is to first set up a pilot of ADR meetings, which will inform the future details of such a funding scheme.
This pilot will not apply to proceedings in which there is a proven or alleged history of abuse, and it will not compel parties to attend an ADR service (it is a basic principle that it is designed as a voluntary process for those involved).Upon conclusion of the pilot, it is likely to take at least another 12 months to put the agreed funding scheme into place.
We have not been in a position to implement these provisions. However, they will be taken forward through a phased approach, alongside other 2020 Act priorities. For both of these ADR provisions, the Scottish Government provides update reports to Parliament on the progress of this work. The latest report is available here Introduction - Children (Scotland) Act 2020 - section 23(1) and section 24(1): fifth report on the Scottish Ministers' duties - gov.scot. We intend to resume production of these reports in the near future.