Information For Parents, Schools And Local Authorities

Mediation is a method of conflict resolution that aims to assist people involved in a disagreement to reach a mutually acceptable solution, with the help of a neutral independent third party – the mediator.  The Education (Additional Support for Learning) (Scotland) Act 2004 requires that education authorities have in place arrangements for mediation, involving independent mediators, to aim to resolve disputes between parents and the authority and/or school regarding a child who has additional support needs.  With limited core funding from the Scottish Executive, the Govan Law Centre (GLC) is working with a number of local authorities to deliver independent mediation services, drawing on the findings and recommendations of an initial pilot mediation project. 

PRINCIPLES OF MEDIATION Voluntary process; Confidential process; Mediator is neutral and impartial; The people involved have the power to settle; Everyone is looking for a solution; Any agreement reached belongs to the people who make it; Taking part in mediation does not affect legal rights.

It is widely recognised that good communication between parents, schools and the education authority is the key to positive relationships and partnerships.  It is much easier to resolve or avoid potential problems by talking through the issues as early as possible.

The aim of GLC Mediation services is not to replace any of this local negotiation.  Rather, it offers an extra level of a more structured mediation process to be used when people feel that the situation has got "stuck" locally.  Specially trained independent and experienced mediators will facilitate the GLC mediation process.

It is important to be realistic about the mediation process – there is no guarantee that there will always be a full agreement.  However at the very least, it would be reasonable to expect an improved understanding of the other person’s point of view, and open honest communication about the issues involved.  Mediation works best when the people involved actively want to find a solution to their disagreement.

WHAT HAPPENS DURING MEDIATION?

The GLC mediation service offers a staged approach, broadly following these steps:

Step 1		First contact with the people involved in the disagreement (separately), to listen to their views about the situation.
Step 2		Clarifying the issues, preparation for the mediation meeting.
Step 3		Face-to-face mediation with the mediator facilitating an exchange of views – opportunity to listen and to explore the issues.
Step 4		Building agreements.
Step 5		Close and follow-up.