If you have a dispute (for example, with your ex-partner, neighbour, landlord or organisation) there may be ways to deal with your dispute without going to court.
You could ask a solicitor to give you advice on your rights and options, or to help you negotiate with the person or organisation you have a problem with.
Your solicitor might suggest other ways to sort out your problem without going to court. This is called 'alternative dispute resolution' and includes:
- mediation and conciliation
Using alternative dispute resolution
Alternative dispute resolution is not meant to replace the courts and it is not a substitute for legal advice. But it can sometimes have advantages over going to court.
Alternative dispute resolution could:
- solve your problem faster
- cost less
- avoid the stress of going to court
- help you keep a positive relationship with the other person involved
- help you both reach an agreement
You can use alternative dispute resolution as well as going to court. For example, mediation can help you agree on some things before you go to court, so you have fewer things to decide on at court.
Mediation and conciliation
Mediation and conciliation is when you use a mediator (an independent expert who will not take sides) to help you find a solution to your problem. It's you and the person or organisation you're having a dispute with – not the mediator – who decides what happens and the terms of any agreement you make.
Find a mediation or conciliation service using:
- Relationships Scotland – relationship counselling, family mediation and other family support services
- CALM Scotland – family mediation with lawyer-mediators
- Scottish Mediation – membership body for mediators in Scotland
- SACRO – community mediation for local disputes in neighbourhoods (available in Aberdeen, Musselburgh, Kirkcaldy, Elgin and Perth)
- ACAS – for disputes and problems at work
- the Law Society of Scotland – find a solicitor who specialises in family law or commercial law mediation
Sometimes there is a charge for mediation, depending on the type of mediation and service provider.
You might have to pay for mediation that involves money and property. If you cannot afford it, you might get help with some of the costs through legal aid.
Arbitration is when an independent person (the arbitrator) listens to both sides of a dispute and makes a decision to resolve it.
Sometimes you'll need to go to a hearing to present your case, but this is less formal than a court hearing. The arbitrator's decision is binding so you'll need to accept the decision they make.
Arbitration is often used for problems with goods and services. Trade associations may have arbitration schemes, or use schemes run by the Chartered Institute of Arbitrators. For example, the Association of British Travel Agents can arbitrate on disagreements about holidays.
The Scottish Arbitration Centre in Edinburgh has facilities for arbitration, mediation and other dispute hearings.
Ombudsmen investigate and resolve complaints about public and private organisations. They are often a last resort when complaints cannot be sorted out though an organisation's own complaints procedure.
Ombudsmen are free to use, and their decision isn't binding. This means you can use another dispute resolution process or take your case to court if you're unhappy with the decision.
- Ombudsman Association – find the right ombudsman to deal with your complaint
- Scottish Legal Complaints Commission – if you're unhappy about the way a solicitor or the Law Society of Scotland has dealt with your complaint
- Scottish Public Services Ombudsman – complaints about councils, the NHS, housing associations, colleges and universities, prisons, most water and sewerage providers and the Scottish Government
When alternative dispute resolution might not be suitable
Although using alternative dispute resolution has some benefits, there are examples when it might not be suitable, such as:
- cases involving domestic abuse
- issues that need urgent court action, eg to prevent you from losing your home
- emergency cases (such as child protection)
- outcomes that need to be legally binding
- when the other person doesn't want to take part
There might be other people who can help with your legal problem if alternative dispute resolution is not suitable.
Getting independent advice
You should get independent advice about whether to use alternative dispute resolution and what type would suit you best.
You might also need advice when deciding whether to accept what has been agreed.
You can get independent advice from:
At some sheriff courts there are free advice services on civil law issues such as rent arrears, repossession and debt. This could help you resolve your case before any court action begins.
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