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Mediation in Scotland
Mediation is a voluntary process where you meet with the otherside and a trained neutral mediator to try and work with them to reach an agreement about the issues that need to be sorted out.
Mediation can be used in many different types of cases but can be particularly useful in complicated disputes or where there are difficult relationships to manage.
The mediator will not tell you what to do but will work with you both to try and get you to reach an agreement. Every mediator is different and will take their own approach to things. They will encourage you to keep an open mind about matters.
It can be helpful because you have more control over what is agreed. You will have a better understanding of where the other side is coming from, if you hear it from them either directly, or via the mediator. Misunderstandings can be cleared up much more quickly.
Mental Health Awareness Week
Monday 15th May 2023 marks the beginning of Mental Health Awareness Week. In recognition of this Fleming & Reid Solicitors would like to highlight the work of our Mental Health team.
Our team of Mental Health lawyers include Curators ad Litem appointed by the Mental Health Tribunal. The Curator ad Litem is appointed to safeguard the interests of a patient before the tribunal. Consequently, our work is approved by the Mental Health Tribunal Service.
The abolishment of the 'Not Proven' verdict in Scotland
The ‘not proven’ verdict is a second acquittal verdict unique to Scots law, that exists alongside the ‘not guilty’ verdict. An accepted definition of the ‘not proven’ verdict does not exist, yet it can be suggested that it is used when the jury thinks the accused to be probably guilty but does not find that the case has been proved beyond reasonable doubt. Judges have been instructed not to endeavour to explain the difference between the two acquittals. Consequently, jurors receive no direction or clarification on this difference between ‘not proven’ and ‘not guilty’, or on the meaning of the verdict in general.
In September 2022, then First Minister, Nicola Sturgeon announced the introduction of the Criminal Justice (Scotland) Bill. If this is passed, the ‘not proven’ verdict will be abolished.
Child Contact and allegations of Domestic Abuse
A new research study has been published by the Scottish Civil Justice Hub entitled ‘Domestic Abuse and Child Contact: The Interface between Criminal and Civil Proceedings’. Funded by the Scottish Government, the project looked at the operation of Scots family law in cases of child contact that involved allegations of domestic abuse.
To understand the ways in which domestic abuse proceedings inform the handling of child contact cases, the researchers carried out a series of semi-structured interviews with legal practitioners.
The results of the report are summarised in eight essential themes, relating to the relationship between domestic abuse and coercive control, and twelve recommendations, informed by practitioners engaged in family law proceedings.
What is a Children’s Hearing?
A child who is considered to be in need of care and protection may be referred to the Children’s Reporter by the local Social Work Department. This could be for a variety of reasons ranging from non-attendance at school to a child committing a criminal offence. There needs to be serious reasons for the referral to be made.
The Children’s Reporter will then arrange a meeting, called a Children’s Hearing or Children’s Panel. The relevant people will receive a document from the Children’s Reporter setting out the reasons for the panel being held. This document is called the Statement of Grounds. You should think about taking legal advice at this stage because it is important that you fully understand the document before attending at the hearing. It is very likely that you will disagree with the Grounds.
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