Alternative dispute resolution in Scotland
Produced in partnership with Euan McSherry of Aberdein Considine
Alternative dispute resolution in Scotland

The following Dispute Resolution practice note produced in partnership with Euan McSherry of Aberdein Considine provides comprehensive and up to date legal information covering:

  • Alternative dispute resolution in Scotland
  • Obligations to advise on ADR
  • Obligations to consider ADR
  • Ordinary actions—requirement to consider ADR
  • Commercial actions before the Sheriff Court—requirement to consider ADR
  • Commercial actions before the Court of Session—requirement to consider ADR
  • Common forms of ADR in Scottish civil disputes
  • Mediation—domestic mediation
  • Gill Report—mediation developments in Scotland
  • Cross-border mediation
  • More...

Brexit: The UK's departure from the EU has implications for practitioners dealing with cross-border mediations. General guidance on the implications for Scottish civil litigation will be available shortly. For England and Wales guidance, see Practice Note: Brexit post implementation period—considerations for dispute resolution practitioners including, in particular, main section: Mediation.

This Practice Note considers some key alternative dispute resolution mechanisms in Scotland. For guidance on:

  1. other aspects of Scottish civil litigation, see: Preliminary and ongoing considerations in Scottish civil litigation—overview and Starting and progressing a civil claim in Scottish civil litigation—overview, which, in turn, link through to detailed guidance on specific aspects of dispute resolution in Scotland

  2. other key areas of Scottish law and procedure, see our Scotland toolkit

  3. the closest equivalents in England and Wales, see ADR—overview, Arbitration—overview, Mediation—overview and Cross-border mediations—overview which, in turn, link through to detailed guidance on specific aspects of ADR in England and Wales

Obligations to advise on ADR

Practitioners should be mindful of the Law Society of Scotland’s guidance for solicitors providing dispute resolution advice, namely:

‘Solicitors should have a sufficient understanding of commonly available alternative dispute resolution options to allow proper consideration and communication of options to a client in considering the client's interests and objectives.

A solicitor providing advice on dispute resolution procedures should be able to discuss and explain available options, including the advantages and disadvantages of each, to

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