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A Guide to Mediating in Scotland$
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Ewan Malcolm and Fiona O'Donnell

Print publication date: 2009

Print ISBN-13: 9781845860523

Published to Edinburgh Scholarship Online: September 2015

DOI: 10.3366/edinburgh/9781845860523.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 26 May 2020

Court Mediation

Court Mediation

(p.71) Chapter 8 Court Mediation
A Guide to Mediating in Scotland

Marjorie Mantle

Edinburgh University Press

This chapter provides an overview of court mediation in Scotland. In Scotland, a mediation service for civil cases is available at Edinburgh Sheriff Court (ESC), which accepts cases referred by a sheriff within the small claims and summary cause limits. Court mediation services are usually funded by the Scottish Government and while they may be located within a court building, they are independent of the Scottish Courts organisation. The chapter describes two ways a case can proceed at ESC in relation to a small claims or summary cause action: it may go through the standard hearing process, or the case could be referred to mediation. It also considers how mediation in a court setting works in comparison with the court hearing process and concludes by presenting some important facts about in-court mediation.

Keywords:   court mediation, Scotland, civil cases, Edinburgh Sheriff Court, small claims, summary cause, court hearing

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