Report recommends critical evaluation of small claims system

Focusing on Edinburgh and Tayside, the report recommends a critical look into whether the justice system supports people early enough towards finding a resolution to their problems.

Early intervention can play a part in maximising the system’s efficiency and minimising the adverse effects of disputes on those involved.

Interviews with sheriffs, court staff, advisers and the public for the research suggest there are a number of complex factors affecting when and how disputes are resolved.

These include the personal motivations and characteristics of participants, the type of dispute and the kind of assistance available to resolve them.

Overall, the research reported that people have few expectations of what each step they take may lead to, and the majority of people lack knowledge of civil procedures and processes.

The types of assistance provided by projects in the study were seen as new opportunities for support with entrenched disputes and communication with opponents.

Sheriffs and court staff reported in the research that they see people keen to bring their case to a formal setting and to have a judgment. However, they also find that people have little understanding of court processes or of the time and cost implications involved.

The research concludes that: “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.

The research project was carried out by research consultants Blake Stevenson, jointly funded by SLAB, the Scottish Civil Justice Council, and Scottish government.

For further details see the executive summary and the full report.