In Scotland, commercial mediation has progressed in quite a different way from many other jurisdictions. While it is often assumed that the Lord Woolfinspired reforms affected the whole of the UK, Scotland, with its separate legal system, remained largely unaffected by the changes which led to the new Civil Procedure Rules in England. The jurisdiction of the Department of Constitutional Affairs to promote mediation weeks or major mediation schemes does not extend to Scotland. Until recently, there had been relatively little overt judicial encouragement. And yet, mediation is being used increasingly in commercial and organisational disputes.
Figures for mediations conducted in the commercial field are difficult to quantify. However, figures from commercial mediation provider, Core Mediation (a division of the Core Solutions Group), may give the best indication of progress. Core Mediation was launched in 2001 and its panel conducts the majority of commercial mediations in Scotland. Core’s figures show significant annual increases and a dramatic rise in 2005, with a total exceeding all previous years put together. This trend continued in 2006. These mediations involve a wide range of disputes, including boardroom, new technology, property ventures, workplace and management issues, professional and financial services, environmental pollution, planning applications, intellectual property, information technology, construction, distributorship agreements, professional negligence and personal injury.
