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 Past Member of the Scottish Mediation Register

Honorary Lecturer at the University of Dundee

Preventative medicine
10 easy steps to help you avoid mediation or legal proceedings
1. Get contracts and commitments in writing
2. Keep paperwork and receipts
3. Keep copies of all correspondence
4. Make diary notes of phone calls
5. If something goes wrong, write to the other person or business
  a. outline your concerns
b. indicate what you want them to do to remedy the situation
c. give them a reasonable deadline to respond
6. If they don’t respond, write to them again:
  a. Advise that if you don’t hear from them by a specified date, you will start appropriate proceedings
b. Enclose a copy of your earlier letter
c. Send all by recorded delivery
d. Keep a copy of the recorded delivery slip
7. If you’re the one receiving the demands, respond to them.
8. Even if you’re angry or upset, focus on the facts
9. Think about how this dispute fits with your personal and/or business priorities
10. Remember – most disputes arise because we
  a. Misunderstand another person or situation
b. Don’t return phone calls or letters
c. Let emotions get in the way of facts
d. Place excessive importance on “a point of principle” to the detriment of relationships and business


Useful links

www.scotcourts.gov.uk
If your dispute is under £3000, download forms and guidance notes for a Small Claim.
If it’s between £3000 and £5000, select the options for Summary Cause actions.

www.scottishmediation.org.uk
for more information about alternative dispute resolution.



 

 

Mediation Scotland, 7 Saxe Coburg Place, Edinburgh EH3 5BR mediate@mediationscotland.com T: 0131 343 1998