More efforts needed on early intervention, small claims research finds

A critical look is needed into whether the justice system supports people early enough towards finding a resolution to disputes taken to the small claims court, according to research by the Scottish Legal Aid Board published today.

Based on a study of cases brought in Edinburgh and Tayside, the report finds that people involved in small claims – those worth up to £3,000 – have few expectations of what each procedural step may lead to, and the majority lack knowledge of civil procedures and processes.

Although sheriffs and court staff see people keen to bring their case to a formal setting and to have a judgment, these people have little understanding of court processes or of the time and cost implications involved.

After examining the free mediation service of the Edinburgh Sheriff Court mediation project, and free legal advice and assistance provied by the Tayside in-court project, the report concludes that there is a need to consider how in-court services can be given a higher profile and made more widely available, and the
potential for mediation to be offered before a court summons.

The research concludes: “Considerable time and effort can be required to resolve disputes which can also place a potentially high level of stress on at least one party. This can often be for disputes that may involve relatively small amounts of money.

"There is therefore a need to look critically at the system to evaluate whether it supports people early enough towards resolution, thus maximising efficiency and minimising adverse effects of disputes."

A Scottish Government seminar will be held in June to look at supporting people to resolve disputes, and discuss the policy implications of the research in the wider context of court reform and consumer dispute resolution.

Click here to access the report and executive summary.