Mediation Terms and Conditions The Small Print

Mediation Terms and Conditions or the small print is a necessary evil as it lays out the mediation operational rules. Our user friendly T’s & C’s, copy available on request, is drafted concisely, in plain English and in the spirit of the mediation process, that is, to be fair and equitable for all. 

Terms and Conditions

General Obligations

  1. Parties agree that Mediation is a private process in which they participate in voluntarily. Parties agree to act in good faith and to try and resolve their issues, to share information freely in pursuit of a settlement and to remain respectful of all opinions throughout the Mediation Process.
  2. Parties do not need to be legally represented but are encouraged to seek legal advice at any time either before or during or after the Mediation. Parties agree to seek independent financial advice where appropriate.
  3. Confidentiality. Parties agree all matters discussed in Mediation including documents exchanged are confidential and cannot be used for any other purpose other than for the purposes of Mediation Negotiations. Documents that are financial statements of assets, properties, finances, income and expenditure may be exempt from the confidentiality clause if it is the Parties intention to formalise a Mediated Agreement in court. No recordings of a Mediation can be made without the express consent of all Parties involved.
  4. Disclosure. Where appropriate Parties are encouraged to disclose all relevant information in pursuit of a Mediated settlement. Parties involved in Civil and Commercial Mediations must provide for mutual exchange a Mediation Position Statement and any documents referred to therein. Parties should also provide for the Mediator(s) only a Closed Confidential Statement. Regarding properties and finances Parties should endeavour to provide 2-3 independent valuations, up to date Cash Equivalent Transfer Value (CETV) for pensions, savings and bank statements, salaries and expenditure information. Documents for disclosure should always be copied for mutual exchange.
  5. A Mediator may where there appears a significant risk to the life, health, safety or welfare of any children and or any other Party is required to inform the relevant Social Services and or the Police. A Mediator is also obliged under the Proceeds of Crime Act 2002to report to the relevant authorities any proceeds of crime.
  6. The Parties agree that the Mediator cannot be called to give evidence or supply documents or notes to any court or tribunal or other legal process. If a Mediator is called to give evidence in any legal or other process the Mediator will be entitled to claim his/her fees and expenses from the Party or Parties initiating the other process.
  7. Parties to a Mediation will agree in advance with Alpha Beta Mediation as to the estimated time for the Mediation and thereafter decide which if any costs apply.

Mediators

  1. All Mediators of the Alpha Beta Mediation Mediators “Panel” are fully trained by Civil Mediation Council and or Family Mediation Council approved Mediation Training Providers and accredited by the same UK mediation authorities. All Mediators are fully insured and able to practice in all Alpha Beta Mediation’s specialist practice areas. CV’s, accreditation and insurance certificates for all Mediators available on request. All Mediators of Alpha Beta Mediation undergo Continual Professional Development checked and verified by the regulatory authorities the Civil Mediation Council and or Family Mediation Council.
  2. The Mediator’s role as an independent and neutral party is to act impartially, and to facilitate Parties arrive at a mutually acceptable settlement. Mediators do not take sides or offer legal advice, unless agreed by all Parties beforehand and if s/he is qualified to do so.
  3. Mediators oversee the Mediation Process. Mediators will make sure all Parties are safe and free from harm or abuse. The Mediator can stop the Mediation at any time if s/he believes the safety of the Parties involved in the Mediation are at any risk or if the Mediation negotiations are at deadlock.
  4. Where children are involved the Mediator, if suitably accredited, may speak to the child if they are old enough and then only with the consent of both Parties [direct child consultations]. If the Mediator has major concerns regarding the welfare of a child or any person s/he is legally obligated to raise this concern with the relevant Child or Adult Care Authority.

Mediation Fees

  1. Mediation costs are shared equally between both parties unless otherwise agreed.
  2. Mediation costs including venue hire for all practice areas (Civil and Commercial, Employment and Workplace, Family, Small Claims and Community Mediations) are payable in full and in advance of the mediation date.
  3. Civil and Commercial Mediators will when Parties are not legally represented draft any civil and commercial or small claims mediation agreement if required. Fees for drafting all civil and commercial or small claims mediation agreements will be subject to the complexity and time required and will be agreed with the individual mediator in advance of any drafting.
  4. Family Mediators will also draft if required a Memorandum of Understanding or an Open Financial Statement at the completion of the Family Mediation Process for a set fee of £50 per party. A fee of £20 is charged for completion of all court forms [Form E or C100].
  5. All mediation Fees are payable and due at least 14-days in advance of the mediation date. Costs for venue hire are payable and due 21-days in advance of the mediation date. Payments can be made by Cash or Cheque payable to Alpha Beta Mediation or by Bank Transfer.
  6. Alpha Beta Mediation reserves the right to cancel appointments for mediations if payment has not been made in accordance with [16].

Cancellation Rights and Charges

  1. Mediation Fees are fully refundable up to 7-days before the mediation date is due to take place. If the mediation date is cancelled 48-hours or less before the mediation date is due to take place the cancelling party or parties will incur a 25% cancellation charge. Alpha Beta Mediation reserves the right to charge the cancelling party a further 10% administrative for venue hire cancellation if a venue has been arranged.

Complaints

  1. Alpha Beta Mediation is committed to providing a high-quality Mediation Service and all complaints and grievances are dealt with sensitively.
  1. A complaint about either a Mediator(s) or the Mediation Service should be made within 1 month of any act or omission. Unless there are exceptional circumstances complaints received 1 month after the mediation will not normally be considered.
  1. A complaint can be filed either by going to alphabetamediation.co.uk and using the drop-down menu in the contact form or by writing to or emailing the office which dealt with the Mediation. The service level for dealing with a complaint is 4-weeks but where operationally possible Alpha Beta Mediation will endeavour to work ahead of quoted service levels. For further details see www.alphabetamediation.co.uk complaints procedure.