Advice and assistance increases for mediation

The costs of mediation can be allowed as an outlay in your account under advice and assistance or civil legal aid, provided certain conditions are met.

We can consider requests for increases in expenditure under advice and assistance to cover the costs of mediation.

There is no restriction on the type of case that can be considered suitable for mediation.  We will consider requests based on the criteria set out below.

We treat the costs of mediation as an outlay in your account under advice and assistance.  This applies only to your client’s own share of the total mediation fee, and not any share which is to be borne by an opponent(s).  If the opponent is also receiving legal aid or advice and assistance, they should seek sanction or an increase in authorised expenditure to cover their share of the cost.

We will normally only consider requests for mediation involving accredited mediators.  Family mediation is available from Relationships Scotland (RS),  Scottish Mediation and accredited solicitors who are members of Comprehensive Accredited Lawyer Mediators (CALM).

When you contact the Member Service in your area you will be advised whether they ask for a suggested donation or if they have a set charge.

You may be asked to make a contribution towards the cost if you cannot afford the full amount. In some cases you may be able to claim Legal Aid. Please speak to your nearest Member Service for more information.

If you wish to make use of mediation under advice and assistance, you must ask for an increase in authorised expenditure to cover the cost. We will normally consider an increase of £720 (£600 plus VAT) reasonable.  In family disputes a template increase is available.

Where a template is not available you need to give a breakdown of the proposed cost and let us know why mediation is considered appropriate before we can consider your request for an increase in authorised expenditure.

We will also consider paying your fees to attend the mediation if you can show that this would be reasonable, necessary and would help the process of mediation. We would normally expect the parties to enter into a legally binding agreement at the conclusion of the mediation.

You should give us information on whether or not the mediation was successful and why.  We will need reasoning if you seek a further increase, or send us a civil legal aid application after the mediation has taken place. Where the case concludes following the mediation, you should indicate in the narrative of your account whether the mediation resulted in a settlement.