the report identifies opportunities – such as the ongoing civil court rules review; recent reports opening up areas for possible reform (re legal services, legal aid, ADR and the recent consultation on the proposed Mediation (Scotland) Bill); and how this sits well with Scotland's National Performance Framework (the Scottish Government’s framework for creating a more “successful” Scotland, with increased wellbeing, opportunities and reduced inequalities1. It also considers challenges, which it divides into structural challenges (coordinating uniform implementation, proportionate costs / incentivising mediation, clearer signalling of quality standards and consistent messaging in rules and legislation); and cultural challenges (changing professional receptiveness, building wider awareness in society and embodying a new dispute resolution culture). Overall the report is clear in its view that now is the ideal time to propose a new framework for the increased use of mediation in civil justice in Scotland. Recommendations The report then identifies 27 recommendations as to how this can be achieved. The recommendations (which can be found in full here), are set out under the categories of case management; funding; standards, regulation and professional rules; court rules, tribunal rules and legislation; and education, training and awareness building. Of particular significance are: Recommendation 1 “A degree of compulsion should be introduced into the system to encourage parties to consider mediation. Where mediation is appropriate, parties should be required to attend a mediation session before their court or tribunal case can proceed”. This stops short of a recommendation for mandatory mediation. However the report says that providing a new viable pathway in civil justice means introducing a minimal degree of compulsion, to ensure parties engage in the process. The proposed process involves a mandatory initial meeting of the parties with a mediator, who would explain what mediation involves and invite the parties to consider participating in a mediation. This would be to encourage parties to consider mediation and ensure that they are able to give their informed consent, should they choose to do so. If they do not so choose, the case would go back to the court or tribunal for a hearing. Recommendations 2 to 6 The above is proposed to be effected by establishing an “Early Dispute Resolution Office”, EDRO, across all courts and tribunals. Its functions would be a first stage “triage” to review all cases and identify and direct cases towards mediation (or other more appropriate forms of dispute resolution) and to coordinate the mediation process. The EDRO system is proposed by way of a two‑pronged approach: court rules requiring sheriffs and judges to encourage parties to consider mediation where appropriate; and introducing mandatory referrals to mediation* via legislation, with provision for “special cause exemptions”. (These exemptions are where mediation has already taken place or a mediator is currently engaged, there are time bar issues, contractual clauses stipulate specific ADR methods, another preferable ADR method exists, the case involves a protective order or enforcement order and disputes where there is a risk of domestic abuse, sexual violence or other gender-based violence.) This is based on a presumption that cases will be referred to mediation* unless there is a good reason not to do so. A mediator “roster” would be introduced, to be used by the EDRO in making referrals, or parties could choose their own mediators *It is understood that “mandatory referrals to mediation” and “cases will be referred to mediation” both mean a referral to the mediation session described at recommendation 1 above i.e. a session about mediation and not a mediation itself. Indeed the report clearly states “there is no intention to force parties to mediate” and that after the mediation session the parties would not be required to continue with mediation if they did not wish to, in which circumstances the case would go back to the court or tribunal for a hearing.