Terms and Conditions

• Payment of fees is required in advance of the mediation.
• Interest on unpaid fees and expenses will be charged at 8% per annum until payment.
• In the event of non-payment by one party, the mediator reserves the right to:
  • Cancel the mediation on 24 hours notice
  • Charge both parties a reasonable cancellation fee
  • Return the balance to the paying party.
    
• It is the responsibility of the parties to ensure that adequate facilities are booked. This may be three rooms, one larger than the others, or just two rooms with the mediator’s agreement. The parties should also provide such additional equipment and facilities as the mediator will request. 
• The mediator reserves the right to terminate the mediation at any time. This might, for instance, occur if it becomes apparent that the matter under mediation amounts to an illegal contract, or is in any way tainted with criminality, or if one or more of those involved becomes aggressive or abusive. Under the Proceeds of Crime Act 2002 the mediator must report to the National Crime Intelligence Service any knowledge or suspicion relating to the proceeds of crime and is precluded by law from informing the parties of his intention of doing so. 
• No tape recording of the process will be permitted under any circumstances. 
• The mediator cannot be called to give evidence about what occurred at a mediation. 
• All parties agree that the mediation process is confidential and that no party will use in evidence any information or documents obtained in the mediation process. 
• If an agreement is reached it will become binding only when reduced to writing and signed by or on behalf of the parties.
• It is the responsibility of the parties, or their legal advisors, to ensure that the agreement thus reached contains all the terms agreed between the parties and is enforceable. The mediator has no such responsibility whether or not he has made any suggestions or comments designed to help the parties achieve their objective.
• The parties agree that the person, or persons, representing them at the mediation have full authority to settle the dispute and can bind the parties to any resulting agreement. 
• Not later than 48 hours before the mediation the parties shall submit to the mediator any written summaries and documents that they wish the mediator to consider before the mediation. They should if possible agree on the contents and provide them the form of a bundle. They may at the same time submit a private and confidential statement to the mediator which should be clearly marked as such.
• The mediator may speak to one or other parties prior to the mediation meeting. All such conversations shall be confidential and will be restricted to administrative matters or to assist the mediator in understanding the issues in dispute.