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The Role Of Mediation In Tackling Neighbour Disputes And Anti-Social Behaviour
SUMMARY
1. The aims of the study are to provide evidence about mediation and alternative approaches to the resolution of neighbour disputes, and to draw conclusions about the effectiveness and costs of mediation compared to legal remedies such as actions for repossession and anti-social behaviour orders. An additional objective was to investigate the reasons for refusing to take part in mediation.
2. In the study, the main research methods used were analysis of 100 cases from two community mediation services and two local authority mediation services, and 50 legal proceedings cases (eviction, anti-social behaviour order and interdict) from local authorities. In addition, parties to mediation were interviewed to compare their view of outcomes with those recorded by mediation services. Housing officers who make referrals to mediation, and a small number of people who had opted not to take part in mediation, were also interviewed. The main methodological challenges were the difficulty in obtaining data from environmental health, police and housing services, and to a lesser extent from mediation services; the reasons for this included data protection considerations, and lack of time recording. Specialist investigation teams provided the most robust data, but few areas of Scotland have such teams therefore these costs may not be typical.
3. In general, the mediation cases examined involved mildly anti-social behaviour or serious personality or lifestyle clashes. In most cases, the main presenting issue was noise, either noise of domestic appliances, children, dogs, and other 'normal' living, or noise of parties and loud music. A smaller number of disputes originated in disputes between children, with which parents had become involved, or disputes over boundaries and upkeep of common areas. Cases remained live in mediation services generally for between two weeks and two months. Half of the cases included at least one non-council-tenant party.
4. In 61 percent of cases, the outcome recorded by the mediation service was either full or partial agreement or some improvement in the situation. In just under half of these cases (in 28 percent of all cases), the mediation service recorded an agreement on all presenting issues. Mediators themselves, however, suggest that there are likely to be positive outcomes in terms of changed awareness, which cannot easily be measured, even in 'unsuccessful' cases. The profile of interventions, outcomes and costs varied significantly between mediation services.
5. From the perspective of participants, however, outcomes recorded at the close of a case are not necessarily a reliable guide to the longer-term outcomes. Although outcomes are not always worse than those recorded, the proportion of positive outcomes recorded by some mediation services appears not necessarily to reflect the experience of participants. Participants' views demonstrate some of the challenges facing mediation, but show a generally positive view of the process, even where it does not bring the desired outcome. A number of participants, however, have found the mediation process more traumatic than might be expected.
6. All legal action cases studied involved serious and protracted anti-social behaviour, often including fighting, verbal abuse, swearing and damage to property. In most cases, it involved the perpetrator and visitors or family members, and in all cases it affected more than one neighbour. In many cases, there was a history of criminal convictions and/or mental health and/or alcohol-related problems. These cases in general were quite different to those found in mediation services. The seriousness of the behaviour was reflected in the length of time from decision to take legal proceedings to an outcome; this was usually several months and often one or two years. The majority of perpetrators were local authority tenants.
7. In terms of outcomes of legal cases, it is particularly difficult to assess the long-term outcomes of evictions and transfers, which were the short-term outcome in half of the cases. In the short term, several cases were 'solved' by the perpetrator moving away, being imprisoned, or being offered a community care package. In only two cases were proceedings dropped due to evidence of improvement in the situation. The majority of anti-social behaviour orders examined were breached, some of which breaches were then prosecuted.
8. From the 100 mediation cases studied, the average cost of handling a case was 121, which rose to 204 when face-to-face or shuttle mediation was involved; and the maximum case cost was 484. Costs for local authority mediation services were, on average, slightly lower, but this reflects a higher proportion of cases where no contact was made with parties to the dispute. From the 50 legal cases, the average cost was 3,546, with a range from 339 to 13,692 for a very complex eviction case. These are net costs, however, and would be considerably higher if overheads were included. Average costs of ASBOs and repossession actions were approximately 2,250 and 9,000 respectively. These figures should be read in the context of the diverse organisational arrangements found; that is, the costs depend on the proportion of work carried out by a specialist team with its own budget, or by housing managers, where costs are likely to be absorbed.
9. In terms of unwillingness to take part in mediation, or to see the process through to a conclusion, the main reasons given by refusers themselves were: unwillingness to engage with the other party; fear of reprisals; belief that the other party did or would manipulate the process or the mediators; fear of an escalation of the dispute; and the desire for a definitive judgement on their case. Lack of knowledge about mediation or of confidence in mediation services did not appear to be a significant factor.
10. Legal action costs far more than mediation, due to the seriousness of disputes, but also to the procedures required in order to prepare a case for possible court action. There are local variations in the amount of evidence generally thought to be necessary for a strong case.
11. Although mediation will not be sufficient to deal with serious anti-social behaviour, which is associated with alcohol and drug abuse, mental health problems or criminal activity, its cost effectiveness suggests that there is considerable scope to extend mediation in the area of neighbour disputes.
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