Scottish Civil Courts Review

• the stage (i.e. before or after the commencement of litigation) at which consideration should be given to mediation or other methods of dispute resolution;

• the appropriateness of particular kinds of disputes for the use of mediation or other methods of dispute resolution;

• how far the court should go in trying to encourage parties to settle a case by means of negotiation or the use of mediation or other methods of dispute resolution;

• whether the court should have the power to penalise parties for not opting for mediation or other methods of dispute resolution in suitable cases;

• whether, and to what extent, the court can have a legitimate role in trying to mediate or “broker” a settlement itself;

• how mediation and other methods of dispute resolution should be funded;

• how suitable practitioners should be identified and how assurances about the quality of the mediator may be obtained;

• the forms which mediation or other methods of dispute resolution should take;

• whether mediation delivers justice;

• whether mediation might become a barrier to justice, for example, by creating additional costs; and

• what is the potential impact on the development of the law and legal precedents of increased use of mediation and other methods of dispute resolution (so called ‘loss of law’).]