Critical Reflections on the Proposal for a Mediation Act for Scotland

This article critically analyses the recent proposal to introduce a Mediation (Scotland) Bill. The proposed Bill aims to introduce a novel process of court-initiated mediation that will oblige litigating parties to attend a mandatory Mediation Information Session. Adopting a comparative approach with the English and Irish civil justice systems, this article analyses the key elements of the proposed Bill and makes proposals to improve it.