Terms & Conditions
This document outlines our Terms & Conditions.
What is the role of the mediator?
- The mediator is impartial and independent. The mediator does not take sides, nor does he or she judge or express a view about who is right or wrong. There is no room for blame in mediation. Mediation helps you to focus on the future and to find your own solutions to problems.
- The mediator is not there to advise you, but he or she is able to direct you to sources of support if you need this. The mediator can also help you to work out whether any agreement you reach is likely to work or (if there are actual or pending Court proceedings) is likely to be accepted by a Court.
- The mediator works with everybody equally to make sure everybody can participate equally in mediation. Sometimes, a person may need additional support to present their views to the other people taking part in mediation. The mediator may offer this support to ensure equal participation but, if he or she does this, is not taking sides.
- If you have been referred to mediation by somebody else, for example by social services, the mediator is entirely independent of the referrer.
What about ending mediation?
- As a voluntary process, you have a right to end the mediation session if you wish to. Before you do, the mediator will speak with you about your concerns and why you wish to end the mediation session. The mediator will respect the wish of any participant to end mediation.
- The mediator also has the right to end mediation if he or she considers that it would not be in the best interests of the participants to continue.
What about confidentiality and privilege?
- The mediator has a professional duty to ensure that any information obtained through the mediation process remains confidential and is not disclosed to anybody who is not a participant. However, there are some exceptions to thiswhere the mediator is under an obligation to contact the appropriate authority if anybody (including a vulnerable adult or a child) is at risk of suffering serious harm;
- where the mediator is under an obligation to disclose information to the appropriate authority under the Proceeds of Crime Act 2002 (as amended) and / or the related Money laundering Regulations2007;
- where the mediator is under an obligation to disclose the commission of an unlawful act; and
- where you have been referred to mediation, for example by social services, the mediator will need to tell your referrer about the outcome of mediation 1
- In some cases, mediation takes place against the backdrop of actual or pending Court proceedings. You agree not to call the mediator to give evidence in Court.
- The discussions you have in mediation are legally privileged. Neither you, nor the mediator, can be compelled to reveal those discussions in Court.
- You can ask the mediator to prepare a written summary of the matters you have agreed. This document is also legally privileged, unless all participants agree to waive privilege over this.
What about the costs of mediation?
- The mediator will discuss the costs of the mediation process with you. It is important to be clear about who will be meeting the mediator’s costs:
- if you have self-referred, you will meet the costs of mediation, fees are charged separately per party.
- You confirm that you or your partner, as far as you are aware are not eligible for Legal Aid and that you agree to make full payment of fees in advance of every scheduled meeting appointment. If you believe you are or may be eligible, please inform your mediator immediately.
What if I want to complain?
- In the event that you are unhappy with the mediator’s service, you have a right to complain.
- In the first instance, you should raise your complaint with the mediator who will try to resolve it.
- If you are unhappy with the mediator’s response, you have a right to complain to the mediator’s own professional body. Your mediator will tell you who this is and provide you with the address of the independent complaints handler appointed by the mediator’s own professional body so that you can write to them. You agree for the mediator to release your mediation records to the independent complaints handler.
- The mediator must ensure that the storage and disposal of records respects the confidentiality such records require and is in accordance with the law and the mediator’s professional association standards.
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