Mediation questions and answers
Why should I try mediation?
Mediation saves time and money because it is quicker than other methods of resolving disputes, especially formal routes such as going to court. It saves not only direct costs but also time and the resources used in pursuing or defending a case, not to mention the stress and emotion involved.
In mediation people are encouraged to make their own decisions and find an outcome rather than having a judgement or adjudication imposed.
The flexibility of mediation makes it well suited to complex, multi-layered disputes.
If mediation does not work other dispute resolution methods can still be used.
Why do we need a mediator?
People often come to mediation after spending time trying to sort out their disaagreement themselves by negotiation.
Mediation can be more effective than negotiation for a number of reasons:
Involving another person who isn’t on anyone’s side can change the whole dynamic of the dispute.
Professional mediators are particularly skilled at finding ways to help people move forward. They manage the mediation meetings, but not the people involved. Mediators make sure that the meetings are calm and that everyone feels as comfortable as they can. They help everyone consider all the available options and look for agreed ways forward.
When is it best to try mediation?
Most mediators would say that mediation can usefully be used at any stage in a dispute but usually the sooner mediation is used in a dispute, the quicker an agreed outcome will be found. Sometimes however, it takes some time for everyone to be really clear about what the issues are that need to be discussed. Mediation offers a flexible approach that will go at the pace of the people using the process.
What happens if I come to mediation and then want to leave?
People come to the mediation process voluntarily and in good faith. We would therefore encourage you to give the process and the mediator a fair chance to work with you and the other people involved to resolve the dispute. However, should someone choose to end the mediation by leaving they will not be prevented from doing so.
How can I access mediation?
Common Ground Mediation provides independent ASN mediation in a number of Scottish education authorities, but not all.
Contact the additional support for learning information officer in your local authority area. If you do not know who this is, contact Enquire to find out, or phone your council and ask to be put through to the ASL team or officer. The ASL officer will be able to give you the information regarding the independent mediation provider in your area.
You can also contact the Scottish Mediation Network for information about mediation services in your area.
Is there a cost?
The law says that independent additional support needs (ASN) mediation is free for parents, carers and young people. Most Scottish education authorities have a contract with an organisation like Common Ground Mediation to provide ASN mediation. There may be a charge for other kinds of mediation that Common Ground Mediation provides.
What happens if we don’t reach an agreement?
Even when an agreement isn’t reached, people who have used mediation tell us that they found it helpful to clarify what the problems are and to have their point of view listened to. Other options may be available to resolve the disagreement, including independent external adjuducation, the Additional Support Needs Tribunal, and education appeal committees. For more information about these options contact Enquire.
Can I use mediation if my child is pre-school age?
If your child attends a local authority or partnership nursery, you are entitled by law to access independent mediation services free of charge. If your child goes to a private nursery, the education authority is under no legal obligation to provide you with the service.
How quickly can Common Ground Mediation set up mediation for me?
Mediation can be started as quickly as possible, usually within a few days, allowing for the usual constraints of :
- people’s availability and school holidays
- mediator’s availability
- people’s commitment to the mediation process