A Guide to Mediating in Scotland

The ideas and expertise contained in this impressive volume define and reflect the ultimate goal - to create a more peaceful and civil society - and deign to suggest a means for accomplishing that goal. In addition, the Guide, rather than contenting itself to chronicle some of the tremendous progress made in recent years to advance the Scottish use of mediation, contributes to the global discourse about mediation excellence. The Honorable Robert M Bell, Chief Judge of the Maryland Court of Appeals Mediation in its present form is a relatively new pursuit and gradually becoming embedded in the culture of Scotland. However, mediative approaches have long been valued. Francis Bacon (1561-1626) wrote: It is generally better to deal by speech than by letter; and by the mediation of a third, than by a man's self... In all negotiations of difficulty, a man must not look to sow and reap at once, but must prepare business, and so ripen by degrees. This book is designed to inform the reader on the practice areas where mediation is being used or being developed in Scotland today. The book may be used by the reader in a variety of ways. As a comparative guide to the different areas of mediation developed and developing across the country, it gives an overview of the breadth and diversity of mediation and an insight into the work of the Scottish Mediation Network. The book highlights the basic skills of a mediator and explores what works in the different areas. It emphasises the commonality as well as the differences in each practice area. To read the book as a whole provides the reader with an instructive map of the diverse mediation terrain in Scotland. Each chapter stands alone and readers with an interest in a particular sector may find a valuable resource within an individual chapter when looking for direction in managing particular forms of dispute, conflict and difference. In either case, this guide is illustrated by many case studies drawn from real life. Further information and free resources are available from the Scottish Mediation Network website (www.scottishmediation.org.uk). The distinguished contributors to this collaborative text are all members of the Scottish Mediation Network Board, the Scottish Mediation Register Standards Board or the Scottish Mediation Network staff team. Edited by Ewan Malcolm (Director of the Scottish Mediation Network and Mediator of the Year, Law Awards of Scotland 2008) and Fiona O'Donnell (University of Dundee Solicitor and Legal Counsellor). [DUP logo]