The costs of mediation can be allowed as an outlay in your account under advice and assistance or civil legal aid, provided certain conditions are met.

We can consider requests for increases in expenditure under advice and assistance to cover the costs of mediation.

There is no restriction on the type of case that can be considered suitable for mediation.  We will consider requests based on the criteria set out below.

We treat the costs of mediation as an outlay in your account under advice and assistance.  This applies only to your client’s own share of the total mediation fee, and not any share which is to be borne by an opponent(s).  If the opponent is also receiving legal aid or advice and assistance, they should seek sanction or an increase in authorised expenditure to cover their share of the cost.

Accreditation of mediation providers

We will normally only consider requests for mediation involving accredited mediators.  Family mediation is available from Relationships Scotland (RS) and accredited solicitors who are members of Comprehensive Accredited Lawyer Mediators (CALM).

RS generally focuses on disputes involving children and provides the service free.  Where the service is provided free there is no legal aid implication and you can make use of the service without asking for an increase in authorised expenditure.

Mediation: information to provide us with in the request for an increase

If you wish to make use of mediation under advice and assistance, you must ask for an increase in authorised expenditure to cover the cost. We will normally consider an increase of £720 (£600 plus VAT) reasonable.  In family disputes a template increase is available.

Where a template is not available you need to give a breakdown of the proposed cost and let us know why mediation is considered appropriate before we can consider your request for an increase in authorised expenditure.

Information to provide us with if you wish to attend the mediation sessions

We will also consider paying your fees to attend the mediation if you can show that this would be reasonable, necessary and would help the process of mediation. We would normally expect the parties to enter into a legally binding agreement at the conclusion of the mediation.

You should give us information on whether or not the mediation was successful and why.  We will need reasoning if you seek a further increase, or send us a civil legal aid application after the mediation has taken place. Where the case concludes following the mediation, you should indicate in the narrative of your account whether the mediation resulted in a settlement.

In this section

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

The use of counsel under Advice and Assistance

Find out more about obtaining authorised funding for counsel under A&A.

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Advice and assistance increases for expert witnesses who are based at a considerable distance from the court and your client: factors to address

View instances where A&A increases for expert witnesses that are located at a distance from the court and your client with the factors to address.

Increases in authorised expenditure under advice and assistance and ABWOR employment of third parties

Limited availability of advice and assistance for tracing relatives or witnesses: “fishing enquiries”

Discover when it is acceptable to trace a relative, party or witness and the implications on the availability of advice and assistance.