Response to complaint to Scottish Government

 DIRECTORATE FOR JUSTICE DJUST : Civil Law and Legal System abc d Lesley McDade lesleymcdade364@msn.com Our Reference: 202400432484 Your Reference: Case Ref: KF21042 22 October 2024 Dear Lesley McDade, The Scottish Government position, as set out within the Vision for Justice in Scotland, is that preventing disputes and resolving them earlier and more effectively, benefits individuals, organisations, the economy and the Justice system as a whole. This includes being able to access alternative dispute resolution or mediation forums for civil justice issues. Over the past 3 years the Scottish Government has invested in our 3 major Mediation partners: • University of Strathclyde Mediation Clinic • Edinburgh Citizens Advice Mediation Service; and • Scottish Mediation who are the professional body for Mediation in Scotland. In 2023 the Scottish Government provided funding to expand mediation services to offer free mediation in simple procedure cases (under £5000) to every area of Scotland. This is intended to provide savings in terms of cost and time to both the court and litigants. However, this is on a voluntary basis in cases where mediation is considered appropriate and agreed by the parties. The position in Scotland differs from England and Wales, where parties now require to attend a mediation appointment to try and resolve their case ahead of having a court hearing. In respect of The Civil Procedure (Amendment No. 3) Rules 2024 - Explanatory Memorandum (legislation.gov.uk), paragraph 4.2 is clear that the instrument applies to England and Wales. In Scotland, statutory responsibility for preparing court rules lies with the Scottish Civil Justice Council, Scottish Ministers, special advisers and the Permanent Secretary are covered by the terms of the Lobbying (Scotland) Act 2016. See www.lobbying.scot St Andrew's House, Regent Road, Edinburgh EH1 3DG www.gov.scot not the Scottish Government. The Council was established on 28 May 2013 under the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013. The Council prepares draft rules of procedure for the Scottish civil courts and advises the Lord President of the Court of Session on the development of the civil justice system in Scotland. The Council is also responsible for keeping the civil justice system under constant review. The Council recently published its Annual Programme of work for 2024/25, the priorities for this year are: Consultations: · the next draft of the new Ordinary Procedure Rules · the extension of simplified divorce; · Simple Procedure Special Claims (SPSC) · the proposed withdrawal of the walls of court · the options for the withdrawal of signeting Rules: · Inner House rules; · Protective Expenses Orders (PEOs) · UNCRC rules (under the United Nation Convention on the Rights of the Child (Scotland) Act 2024) The full publication can be found here: scjc-annual-report-2023-24-and-programme-2024-25.pdf (scottishciviljusticecouncil.gov.uk) and further information about civil rules of court in Scotland can be found on the Scottish Civil Justice Council website: Scottish Civil Justice Council The Council Secretariat welcomes feedback on any aspect of court rules and can provide advice on current rules and procedures. You can contact the Secretariat by writing to: Scottish Civil Justice Council Secretariat, Parliament House, Edinburgh, EH1 1RQ or by email: scjc@scotcourts.gov.uk. I hope this information is helpful. Yours sincerely Jamie Wilhelm CLLS : Access to Justice