Monday, May 14, 2012

Justice Monopoly for lawyers : Law Society propose embedding its profitable hold on mediation & dispute resolution in Scots Civil justice system

In an effort to stymie consumers from choosing alternative systems of dispute resolution which do not involve profits being channelled to solicitors & law firms, the Law Society of Scotland is to propose that it’s own carefully cultivated stranglehold on alternative dispute resolution, which is also known in Scotland as ‘mediation’ must be embedded in Scotland’s Civil justice system, to ensure the Society maintains its profitable grasp over consumers legal troubles and disputes.

Coincidentally, as many users of alternative systems of dispute resolution in Scotland have begun to notice, most of the staff, or mediators at these organisations appear to be either members of the Law Society of Scotland or are in business with law firms & individual solicitors, leaving consumers with little choice other than to use expensive services linked directly or indirectly to Scotland’s monopolistic legal profession.

The Law Society’s terms for ensuring anyone with a dispute must pass through it’s profitable gates will be heard at a conference in Edinburgh on Wednesday 16 May. The gathering, and the Society’s efforts to dominate dispute resolution of all & any form is, strangely backed by the Scottish Government and tens of thousands of pounds of taxpayer cash pumped into various mediation projects such as the Scottish Arbitration Centre.

Embedding ADR in Scotland's Civil Justice System

A highly significant and far reaching conference on alternative dispute resolution is to be held in Edinburgh on Wednesday, 16 May, in Edinburgh.

Roseanna Cunningham, Minister for Community Safety and Community Affairs, is to open the event and international mediation expert John Lande, the Isidor Loeb Professor and former director of the LLM Program in Dispute Resolution at the University of Missouri School of Law, will share his international and practical experience of mediation.

The conference, organised by the Law Society of Scotland and Scottish Mediation Network, in collaboration with the Scottish Government, will allow speakers and delegates to explore the practicalities of embedding Alternative Dispute Resolution in the justice system within the context of the Scottish Government's plans to implement Lord Gill's Report on the Scottish Civil Courts Review and the Making Justice Work programme.

Speakers from the legal profession, the judiciary, and from business who have direct experience of mediation in action in a variety of contexts will provide a series of short, thought provoking presentations. After each presentation, delegates will have an opportunity to participate in a round table discussion, followed by a plenary debate on the issues raised.

David Preston, chair of the event and Law Society Council member, said: "In light of the Making Justice Work programme and the recent EU report from the DG (Internal Policies) on the "Quantification of the Cost of Not Using Mediation", it is essential that we consider how best ADR can be integrated into our justice system and what should be done to ensure that people can access the assistance they need to do this.

"We are aiming to provide a forum for an in depth and informed discussion of ADR. We will also consider how the most effective models can be embedded within the justice system to ensure that fair resolutions can be reached for those parties using ADR, where it can reduce costs and time spent in court, and as a result, boost public confidence in the justice system overall."

1 comment:

Anonymous said...

We all know that lawyers often do 'backroom' deals in cases both civil and criminal.

Now it appears that is simply not good enough, and lawyers must not only be allowed to exclude the client but must also be guaranteed that no-one else, other than a member of the Law Society of Scotland, will be allowed to have any input.

Another farce from banana republic of scotland.