|
The purpose of mediation is to help both sides to understand each other’s point of view in order to prevent a disagreement from becoming more serious and to give another chance to reach agreement.
The mediator has no responsibilities or other involvement in anything to do with the support provided by the Children and Families Department for the child.
If a disagreement occurs, the department will offer mediation to the parent or young person. However, they are under no obligation to accept this offer. If they choose not to, this cannot be held against them at any later time including any later dispute resolution or tribunal. But it is also the case that mediation can be used at any time, including during dispute resolution and tribunal.
The parent or young person can request mediation before it is offered by contacting the mediator directly. This can be done by contacting the Advice, Complaints and Conciliation Service at the Children and Families Department
Compared to dispute resolution and tribunal, mediation is faster and has very few formalities. It will usually take the form of a meeting between the mediator and the parent or young person, followed by a meeting between the mediator and the representative of the Children and Families Department; followed by a meeting between the mediator, the parent or young person and the representative of the department altogether.
The Act provides parents and young people with the right to have supporter(s) or advocate(s) present at any discussion or meetings with the Children and Families Department, including any meeting or hearing to do with resolving disagreements such as mediation.
A supporter can be anyone the parent or young person wants to nominate e.g. a friend, relative, befriender or a worker voluntary organisation. A supporter may speak on behalf of a young person or give them advice and support to enable them to speak for themselves.
An advocate can be appointed by the parent or young person to speak up on their behalf and to represent them in any discussion, meeting or hearing. Advocates are often people trained in advocacy and have a good understanding of Scottish education law and other legislation.
It is important to note that the Scottish Parliament recommends that the parent or young person should not bring a lawyer with them to mediation.
The meeting is confidential and it is likely to take place somewhere convenient for the parent or young person and somewhere they feel comfortable, for example the school attended by the child or young person.
The mediator will not offer advice to either side but will help them to express their views and understand each other’s perspectives to try and find a positive way forward.
|
