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Children (Scotland) Act 2020 - alternatives to court and funding of alternative dispute resolution pilots: report

Report on the Scottish Ministers progress between 1 October 2020 and 1 April 2021 on establishing a pilot of the meetings on alternatives to court and on funding of alternative dispute resolution as per the duties under section 23(1) (funding for alternative dispute resolution) and section 24(1) (pilot scheme for mandatory alternative dispute resolution meetings) of the Children (Scotland) Act 2020.


Annex E Sample form to be completed with initial writ/notice of intention to defend (NID)

If you are applying to a court in X Sheriffdom for an order under section 11 of the Children (Scotland) Act 1995 or are a party to an action in which such an order is sought you must attend a mandatory awareness meeting. At this, the options available to resolve the dispute will be explained. There is no charge for this meeting and reasonable travel expenses will be paid. You do not have to attend this meeting if one of the exceptions described below applies.

At the meeting you will be asked to consider whether a form of alternative dispute resolution, rather than court, would be a more appropriate way of settling your dispute.

Alternatives to court can include:

  • Mediation
  • Arbitration
  • Family Group Conferencing
  • Collaborative Law
  • Resolution of disputes by parties themselves

You must attend a meeting unless:

  • there is a proven or alleged history of abuse between some or all of the parties; or
  • the court has decided on cause shown that it would not be appropriate to require the parties to attend such a meeting.

Please complete this form and return with your initial writ or NID.

1) I have attended a meeting on the options available to resolve the dispute are explained Yes/No

If your answer is Yes please sign and return this form with the initial writ or NID and a copy of the certificate issued by the mediator. If you have lost your certificate please contact the mediator for a replacement.

2) Are you claiming an exemption from the requirement to attend a meeting Yes/No (If your answer is yes, please go to question 3. If your answer to both this question and question 1 is no, please seek a meeting).

3) If you answered Yes to question 2) please state which of the following applies:

  • there is a proven or alleged history of abuse between some or all of the parties;
  • There is another reason where the court should consider whether on cause shown that it would not be appropriate to require the parties to attend such a meeting.

Signature:

Date:

Contact

Email: family.law@gov.scot

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