Mediation
It’s free
There is no charge for the mediation service.
It’s fast
Mediation is often a much faster way of resolving complaints. The formal investigation process can take months whereas mediation can take place in a matter of weeks, meaning both parties can move on with their lives.
It's flexible
The mediation will take place in a venue which is convenient for both parties. We can also organise mediation via web (e.g. Zoom) or telephone conference.
You're in control
With the help of the independent mediator we appoint, you are given the opportunity to explain your position and to negotiate a settlement that is acceptable to you. You are the decision-maker and have control over the outcome - the settlement is not imposed on you.
It works
The majority of mediations at the SLCC result in an agreement. People who negotiate their own settlements often feel more empowered and pleased with the outcome than those who use a third-party decision-maker.
The process is flexible and depends on the format you are using.
In person mediation
Sometimes the meeting starts with everyone together in one room. The mediator invites one person to tell the others the circumstances around the complaint from his or her point of view. The other side is asked not to interrupt but to listen carefully to what’s being said. Then it’s the other person’s turn to speak without interruption.
After that, the discussion may continue in the one room, or the parties may decide they want to have separate meetings with the mediator. In these circumstances, the mediator goes between rooms having confidential discussions with each party about possible ways to resolve the complaint.
Another alternative is that the mediator meets with each person separately first and then invites everyone for a joint meeting to move the discussion along to see if there’s scope for an agreement.
Web conference (eg. Zoom) mediation
We send you an invitation to an online meeting before the mediation. When you join, the mediation might start with both parties and the mediator in a joint meeting. Alternatively, the mediator may spilt the parties into individual meetings at first - using virtual breakout rooms - then have a joint meeting.
After the joint meeting, private discussions will take place between the mediator and each party in their own virtual breakout room. The mediator will be the only person going between the joint meeting and virtual breakout rooms.
We will give you more information on how to use the web conference before mediation takes place.
Telephone conference mediation
The mediator will often start by having private discussions with both parties separately over the phone. They might bring parties together for a joint conference call or continue with separate calls with the mediator acting as a liaison.
We will give you more information about telephone mediation before it takes place.
We provide independent, experienced mediators from a variety of backgrounds. Their role is to listen carefully and to assist the discussions.
The mediator is neutral and is not an SLCC member of staff.
The mediators we provide are all members of Scottish Mediation.
For more information visit the Scottish Mediation website.
Mediation is a private process which gives you and the other party the opportunity to meet together with an independent third party so you can decide how to sort out the complaint.
Find out more about mediation in our short video, below.
I'm Morag, and I'm an independent mediator. I've been mediating for over 25 years now, and I have an MSC in conflict resolution and mediation from Strathclyde University. I'm also an accredited mediator for Scottish mediation. The SLCC uses a panel of independent accredited mediators and I've been on the panel for about 11 years now.
People are often very sceptical about whether their mediation is going to be successful or not, but even the complaints that seem the most complex or difficult can be mediated successfully and we do have a high success rate actually. I often say that mediation is an opportunity to have a conversation about the complaint with a view to trying to find some sort of resolution and really if you think about it that way, what is there to lose by having that conversation because mediation is so flexible any outcome that is reached can be a lot more creative or sometimes more practically useful than another method of dispute resolution.
It's also okay to mediate and not reach an agreement but what I think would happen is that even in these situations you would come away with a better understanding of the situation.
Mediation is a private and flexible process where with support from an independent third person, and that's the mediator, the people who have the dispute or in this case who have a complaint to resolve get together to try to see if they can resolve it themselves and if so what the solution/resolution is going to look like.
Many complainers could feel really anxious about what's going to happen at their mediation, but there's a few important things to remember. One of them is that you can bring somebody with you to support you at the mediation and I always offer people an opportunity to have a private chat with me in advance of the mediation. Maybe a few days before the mediation happens just to reassure.
When it comes to the actual mediation. Because it's a flexible process we can all be together in the same room or we can be separate either with me the mediator, or you might want to have a private chat with your supporter.
I can't say exactly for sure what will happen at your mediation because there are so many different variables, but what I can say is that throughout the process the mediator will support you as best as they can. When we come to the end of a mediation and we have an agreed resolution, then we'll put that in writing for you and the SLCC will follow that up.
The main thing that the mediator is doing is to help people focus on finding a resolution but also, they're there to make sure that everyone gets a chance to tell their story, but also perhaps more importantly, to listen carefully to what the other person is saying.
It's also part of the mediator's role to make sure that we're all using clear language that's easy to understand. Mediators don't take sides or make any judgments about who's right or wrong, but it's their role to find any common ground, any hint of a resolution and encourage people to work with that and to hopefully find a mutually acceptable resolution to the complaint.
