APPENDIX 5 PARTY RESPONDENT DATA
Table A5.1: Glasgow monthly mediation activity
Pilot month | Mediations | Fees?
(1 = yes) | Average dispute value | Mediation Suggested26 |
|---|
By Parties: | By Court |
|---|
June 2006 | 2 | 1 | £487 | 0% | 100% |
|---|
July 2006 | 1 | 0 | £455 | 0% | 100% |
|---|
August 2006 | 5 | 0 | £544 | 40% | 60% |
|---|
September 2006 | 3 | 0 | £640 | 33% | 33% |
|---|
October 2006 | 3 | 0 | £360 | 0% | 100% |
|---|
November 2006 | 5 | 0 | £372 | 20% | 40% |
|---|
December 2006 | 1 | 0 | £265 | 0% | 100% |
|---|
January 2007 | 4 | 0 | £474 | 75% | 0% |
|---|
February 2007 | 5 | 0 | £366 | 20% | 100% |
|---|
March 2007 | 5 | 1 | £378 | 20% | 80% |
|---|
April 2007 | 2 | 0 | £750 | 100% | 0% |
|---|
May 2007 | 5 | 0 | £614 | 60% | 40% |
|---|
June 2007 | 4 | 0 | £503 | 75% | 25% |
|---|
July 2007 | 2 | 1 | £981 | 0% | 100% |
|---|
August 2007 | 3 | 0 | £434 | 0% | 100% |
|---|
September 2007 | 2 | 1 | £1,077 | 0% | 100% |
|---|
October 2007 | 5 | 1 | £777 | 60% | 40% |
|---|
November 2007 | 3 | 0 | £239 | 67% | 33% |
|---|
December 2007 | 6 | 0 | £341 | 17% | 67% |
|---|
January 2008 | 6 | 0 | £468 | 50% | 50% |
|---|
February 2008 | 6 | 1 | £902 | 50% | 33% |
|---|
March 2008 | 1 | 1 | £1,500 | 0% | 100% |
|---|
April 2008 | 1 | 0 | £312 | 0% | 0% |
|---|
July 2008 | 1 | 0 | £350 | 0% | 0% |
|---|
Totals: | 81 | 9% | £43,921/81= £542 p/case | 36% | 56% |
|---|
Source CMS
Table A5.2: Aberdeen monthly mediation activity
Pilot month | Mediations | Fees?
(1 = yes) | Dispute Value | Mediation Suggested27 |
|---|
By parties | By court |
|---|
June 2006 | 1 | 0 | £540 | 0% | 100% |
|---|
July 2006 | 1 | 0 | £450 | 100% | 0% |
|---|
August 2006 | 3 | 1 | £748 | 33% | 67% |
|---|
September 2006 | 3 | 0 | £304 | 33% | 67% |
|---|
November 2006 | 1 | 0 | £028 | 100% | 100% |
|---|
January 2007 | 2 | 0 | £411 | 0% | 50% |
|---|
February 2007 | 1 | 0 | £700 | 100% | 0% |
|---|
March 2007 | 1 | 0 | £450 | 100% | 0% |
|---|
April 2007 | 1 | 0 | £800 | 100% | 100% |
|---|
May 2007 | 3 | 0 | £633 | 33% | 67% |
|---|
June 2007 | 6 | 0 | £530 | 50% | 50% |
|---|
July 2007 | 4 | 0 | £541 | 25% | 75% |
|---|
September 2007 | 1 | 0 | £750 | 0% | 100% |
|---|
October 2007 | 3 | 0 | £850 | 0% | 100% |
|---|
November 2007 | 3 | 0 | £567 | 0% | 67% |
|---|
December 2007 | 3 | 0 | £586 | 0% | 0% |
|---|
January 2008 | 1 | 0 | £750 | 0% | 0% |
|---|
February 2008 | 3 | 0 | £1,032 | 0% | 0% |
|---|
March 2008 | 4 | 0 | £301 | 0% | 0% |
|---|
April 2008 | 1 | 0 | £750 | 0% | 0% |
|---|
May 2008 | 6 | 0 | £1,594 | 0% | 0% |
|---|
June 2008 | 5 | 0 | £1,277 | 0% | 0% |
|---|
Totals: | 57 | 2%* | £42,675/52 = £821 p/case | 21% | 39% |
|---|
* No fee was charged.
The "mediation suggested by" field was not always completed in the database, hence the entries totalling less than 100%., and in Aberdeen its recording tailed off as the pilot progressed. The two options were too imprecise and nor were they alternatives. Paper case files from Glasgow indicate other lines of referral by the solicitor for a party, other agents or advisers. Aberdeen files disclose referrals by the in-court adviser and by solicitors knowledgeable about mediation (including those on the panel) or combinations of referral sources.
Table A5.3: Mediated results
| Strongly agree | Agree | Neither agree or disagree | Disagree | Strongly disagree | Not sure |
|---|
Facts complicated | 3 | 10 | 16 | 17 | 7 | 2 |
|---|
Law complicated | 6 | 9 | 21 | 13 | 1 | 1 |
|---|
There was hostility between the parties | 15 | 21 | 12 | 4 | 1 | 1 |
|---|
The court's decision on the claim would resolve the dispute completely | 12 | 19 | 11 | 6 | 1 | 3 |
|---|
There was no prospect of ongoing relationship between the parties | 17 | 18 | 13 | 4 | 2 | 0 |
|---|
Other | 0 | 0 | 1 | 0 | 0 | 0 |
|---|
Table A5.4 What respondents wanted from the case when it was started?
| Strongly agree | Agree | Neither agree or disagree | Disagree | Strongly disagree | Not sure |
|---|
Money claim paid | 32 | 4 | 2 | 3 | 2 | 1 |
|---|
Money claim rejected | 15 | 7 | 1 | 1 | 8 | 0 |
|---|
Goods returned | 0 | 1 | 2 | 3 | 5 | 1 |
|---|
Goods replaced | 1 | 2 | 2 | 4 | 5 | 1 |
|---|
Opportunity to explain your side | 9 | 11 | 3 | 0 | 0 | 0 |
|---|
Opportunity to listen to the other side | 4 | 9 | 6 | 1 | 1 | 0 |
|---|
Court to say you were right | 24 | 10 | 2 | 0 | 0 | 0 |
|---|
Court to say other party was wrong | 18 | 12 | 2 | 0 | 1 | 0 |
|---|
An apology | 8 | 2 | 8 | 3 | 1 | 0 |
|---|
Improved relationship with other party | 5 | 5 | 6 | 3 | 2 | 0 |
|---|
Quick settlement | 25 | 15 | 0 | 0 | 0 | 1 |
|---|
Not sure | 0 | 1 | 1 | 1 | 1 | 0 |
|---|
Other | 1 | 1 | 2 | 1 | 0 | 0 |
|---|
Table A5.5: Non-mediated cases only - How much of the case had passed before the case came to an end
| Aberdeen | Glasgow |
|---|
The first hearing in court | 4 (40%) | 6 (50%) |
|---|
A continued Hearing in Court | 3 (30%) | 2 (16.7%) |
|---|
Proof hearing scheduled | 1 (10%) | 1 (8.3%) |
|---|
Proof about to start | 0 | 0 |
|---|
Proof having taken place | 1 (10%) | 2 (16.7%) |
|---|
Other | 1 (10%) | 1 (8.3%) |
|---|
Table A5.6: Mediated cases only - How much of the case had passed before mediation was tried (tick only one)
| Aberdeen | Glasgow |
|---|
The first hearing in court | 9 (47.4%) | 19 (67.9%) |
|---|
A continued Hearing in Court | 5 (26.3%) | 5 (17.9%) |
|---|
Proof hearing scheduled | 4 (21.1%) | 3 (10.7%) |
|---|
Proof about to start | 1 (5.3%) | 1 (3.6%) |
|---|
Table A5.7 Mediated cases only - Number of respondent appearances in front of the sheriff
| Aberdeen | Glasgow |
|---|
Once | 6 | 15 |
|---|
More than once | 6 | 9 |
|---|
Don't know | 0 | 1 |
|---|
Table A5.8: Mediated cases only - Continuity of sheriffs in individual cases
| Aberdeen | Glasgow |
|---|
Respondent appeared before same sheriff in all hearings | 0 | 1 |
|---|
Respondent appeared before multiple sheriffs | 4 | 10 |
|---|
Table A5.9 Mediated cases only - Court waiting time before individual cases were considered by sheriffs
| Aberdeen | Glasgow |
|---|
Less than 30 minutes wait | 1 | 5 |
|---|
30-60 minutes wait | 5 | 10 |
|---|
More than an hour | 5 | 5 |
|---|
Not known/didn't attend court | 3 | 2 |
|---|
Table A5.10 Non-mediated cases only - Number of respondent appearances in front of the sheriff
| Aberdeen | Glasgow |
|---|
Once | 4 | 2 |
|---|
More than once | 3 | 3 |
|---|
Don't know | 0 | 0 |
|---|
Table A5.11: Non-mediated cases only - Continuity of sheriffs in individual cases
| Aberdeen | Glasgow |
|---|
Respondent appeared before same sheriff in all hearings | 2 | 2 |
|---|
Respondent appeared before multiple sheriffs | 1 | 2 |
|---|
Table A5.12: Non-mediated cases only - Court waiting time before individual cases were considered by sheriffs
| Aberdeen | Glasgow |
|---|
Less than 30 minutes wait | 2 | 1 |
|---|
30-60 minutes wait | 2 | 2 |
|---|
More than an hour | 3 | 4 |
|---|
Not known/didn't attend court | 1 | 3 |
|---|
Table A5.13: Mediated cases only - What type of work had been undertaken before mediation was tried?
| Aberdeen | Glasgow |
|---|
Taking advice and providing papers | 8 | 13 |
|---|
Arranging witnesses and evidence (such as receipts, photos) | 9 | 6 |
|---|
Preparation of the claim (by the respondent) | 14 | 17 |
|---|
Discussions with court staff | 6 | 5 |
|---|
Table A5.14: Non-mediated cases only - What type of work had been undertaken before the case came to an end?
| Aberdeen | Glasgow |
|---|
Taking advice and providing papers | 5 | 6 |
|---|
Arranging witnesses and evidence (such as receipts, photos) | 4 | 4 |
|---|
Discussions with the other party | 2 | 2 |
|---|
Preparation of the claim (by the respondent) | 5 | 3 |
|---|
Discussions with court staff | 3 | 1 |
|---|
Giving evidence in court | 3 | 4 |
|---|
Table A5.15: Mediated cases only - Did the case settle in mediation?
| Aberdeen | Glasgow |
|---|
Yes, the case was settled through mediation (or during it or because of it) | 15 | 18 |
|---|
No, the case was not settled through mediation | 3 | 5 |
|---|
Some issues were settled through mediation, but some were taken to court or dropped | 0 | 1 |
|---|
Table A5.16: Mediated cases only - Was the case or any part of the case taken back to court following the mediation (excluding cases brought back for formal dismissal following agreement reached in mediation)?
| Aberdeen | Glasgow |
|---|
Yes, further court process was undertaken | 3 | 5 |
|---|
No further court process was undertaken | 14 | 20 |
|---|
Table A5.17: Non-mediated cases only - What was the outcome of your case
| Aberdeen | Glasgow |
|---|
Dismissed at my request | 1 | 1 |
|---|
Dismissed at other party's request | 1 | 0 |
|---|
Dismissed by sheriff | 1 | 1 |
|---|
Settled direct between other party and respondent | 2 | 3 |
|---|
Settled with assistance from advisers | 1 | 2 |
|---|
Decided at court hearing | 2 | 3 |
|---|
Other* | 3 | 2 |
|---|
*Respondents ticking the 'other' box identified a range of particular outcomes including: Settled day before proof; proof took place but was continued for payment and clearance; ongoing; case continued; settled direct to my insurer.
Table A5.18: Mediated cases only - What were the terms of the settlement
| Aberdeen | Glasgow |
|---|
Payment of money | 5 | 6 |
|---|
Return or replacement of goods or services | 4 | 4 |
|---|
Change in future behaviour | 2 | 2 |
|---|
Apology | 5 | 3 |
|---|
Further relationship (business or personal) between parties | 3 | 1 |
|---|
Table A5.19: Non-mediated cases only - What were the terms of the settlement
| Aberdeen | Glasgow |
|---|
Payment of money | 3 | 6 |
|---|
Return or replacement of goods or services | 0 | 0 |
|---|
Interdict or implement (respectively, orders requiring the other party to stop doing something or to do something) | 0 | 0 |
|---|
Payment of court expenses | 1 | 1 |
|---|
Apology | 1 | 0 |
|---|
Further relationship (business or personal) between parties | 0 | 1 |
|---|
Change in future behaviour | 0 | 0 |
|---|
Other | 4 | 0 |
|---|
Table A5.20: Mediated cases only - If the case settled in mediation have the terms of the settlement been carried out
| Aberdeen | Glasgow |
|---|
Yes | 15 | 14 |
|---|
No | 0 | 1 |
|---|
Partially | 0 | 5 |
|---|
Don't know | 0 | 0 |
|---|
One comment was offered in a Glasgow mediated cases response: "I had to remind them of terms of settlement as they had to bill me for court costs not part of the agreement. Residents since struggling to get maintenance done"
Table A5.21: Non-mediated case only - If the case settled have the terms of the settlement been carried out
| Aberdeen | Glasgow |
|---|
Yes | 5 | 4 |
|---|
No | 1 | 1 |
|---|
Partially | 1 | 0 |
|---|
Don't know | 0 | 1 |
|---|
Table A5.22 Mediated cases only - Were expenses awarded or agreed?
| Aberdeen | Glasgow |
|---|
The sheriff made no award of expenses | 6 | 9 |
|---|
Our agreed settlement did not involve either side paying court expenses to the other | 11 | 13 |
|---|
Expenses were awarded in my favour at fixed rate | 2 | 4 |
|---|
We agreed a settlement which included expenses being paid or received at an agreed rate | 1 | 2 |
|---|
The expenses were awarded in my favour at detailed ('taxed') rate | 0 | 2 |
|---|
The expenses were awarded against me at fixed rate | 0 | 1 |
|---|
The expenses were awarded against me at detailed ('taxed') rate | 0 | 0 |
|---|
Table A5.23: Mediated cases only - How did the expenses you were awarded or agreed to you compare with what your actual costs were
| Aberdeen | Glasgow |
|---|
More | 1 | 2 |
|---|
Less | 4 | 8 |
|---|
About the same | 2 | 1 |
|---|
Table A5.24: Non-mediated cases only - Were expenses awarded or agreed?
| Aberdeen | Glasgow |
|---|
The sheriff made no award of expenses | 5 | 2 |
|---|
Our agreed settlement did not involve either side paying court expenses to the other | 1 | 1 |
|---|
Expenses were awarded in my favour at fixed rate | 1 | 2 |
|---|
We agreed a settlement which included expenses being paid or received at an agreed rate | 1 | 2 |
|---|
The expenses were awarded in my favour at detailed ('taxed') rate | 0 | 0 |
|---|
The expenses were awarded against me at fixed rate | 0 | 1 |
|---|
The expenses were awarded against me at detailed ('taxed') rate | 0 | 0 |
|---|
Table A5.25: Non-mediated cases only - How did the expenses you were awarded or agreed to you compare with what your actual costs were
| Aberdeen | Glasgow |
|---|
More | 1 | 0 |
|---|
Less | 2 | 1 |
|---|
About the same | 0 | 3 |
|---|
Table A5.26: Mediated cases only - What things did the mediator do and how did they affect your attitudes to resolving the case? (Note that this table combines the Aberdeen and Glasgow responses)
| Helped a lot | Helped a little | Not done at all | Neutral | Was unhelpful | Would have been helpful |
|---|
Expressed an opinion about the likely outcome of the case in court (including expenses) | 7 | 8 | 8 | 6 | 2 | 2 |
|---|
Held private meetings with each side | 20 | 11 | 1 | 3 | 3 | 1 |
|---|
Held meetings with both/all sides present | 22 | 9 | 3 | 3 | 2 | 0 |
|---|
Asked questions | 17 | 17 | 0 | 2 | 2 | 0 |
|---|
Helped the parties identify and consider different ways of resolving the dispute | 18 | 10 | 1 | 4 | 3 | 2 |
|---|
Listened carefully to what was being said | 25 | 7 | 2 | 4 | 3 | 0 |
|---|
Suggested a particular settlement proposal | 9 | 11 | 5 | 5 | 6 | 0 |
|---|
Urged parties to agree to a particular settlement proposal | 8 | 8 | 9 | 5 | 5 | 0 |
|---|
Helped a party to understand the underlying interests and needs of each party | 13 | 16 | 2 | 3 | 3 | 1 |
|---|
Helped parties to understand the strengths and weaknesses of their positions (claim or defence) | 12 | 14 | 5 | 3 | 1 | 1 |
|---|
Helped parties express themselves about the dispute | 20 | 16 | 2 | 0 | 2 | 0 |
|---|
Other (please specify) | 1 | 1 | 0 | 0 | 0 | 0 |
|---|
Table A5.27: Mediated cases only - Please tell us what you think about the following statements about the mediation process (Note that this table combines the Aberdeen and Glasgow responses)
| Strongly agree | Agree | Neither agree or disagree | Disagree | Strongly disagree | Not sure |
|---|
I had sufficient time to prepare adequately for mediation | 14 | 21 | 4 | 3 | 0 | 0 |
|---|
I had an opportunity to explain my side of the story adequately in mediation | 18 | 20 | 6 | 0 | 0 | 0 |
|---|
I wanted a fact to face meeting with the other party | 17 | 11 | 8 | 5 | 2 | 0 |
|---|
The other party did not want to mediate | 3 | 5 | 8 | 15 | 3 | 4 |
|---|
Both parties agreed that mediation was not suitable for the case | 0 | 2 | 10 | 13 | 3 | 3 |
|---|
The mediation helped improve communication between the parties | 10 | 13 | 7 | 9 | 3 | 0 |
|---|
Mediation helped to preserve or improve the parties relationship for the future | 3 | 4 | 9 | 14 | 5 | 4 |
|---|
Mediation helped to move the case towards resolution quickly | 14 | 14 | 7 | 6 | 2 | 0 |
|---|
Mediation resulted in a reasonable outcome | 13 | 8 | 7 | 10 | 4 | 0 |
|---|
Mediation resulted in an outcome that the court could not be asked for | 1 | 5 | 13 | 10 | 1 | 4 |
|---|
The cost of using mediation was affordable in this case | 12 | 15 | 7 | 1 | 2 | 1 |
|---|
The mediation process was fair | 15 | 15 | 9 | 1 | 2 | 0 |
|---|
Mediation made me think about how to deal with future disputes | 16 | 15 | 3 | 2 | 1 | 1 |
|---|
Mediation was a good use of my time | 16 | 13 | 5 | 4 | 3 | 0 |
|---|
Mediation made reaching settlement easier than trying to do it myself | 17 | 10 | 4 | 6 | 2 | 1 |
|---|
Mediation was suitable for my age and ethnic origin | 10 | 16 | 9 | 2 | 1 | 2 |
|---|
I understand my own approach to disputes better as a result of the mediation | 11 | 8 | 14 | 4 | 0 | 24 |
|---|
I was happy with the end result but cannot remember much about the experience | 4 | 6 | 10 | 9 | 9 | 0 |
|---|