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 and voluntary process and that they participate 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 negotiations.
  1. 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.
  1. 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 except for documents relating to assets, property and finance in family mediations which have to be approved by the Parties legal advisers and or a court. No recordings of a mediation can be made without the express consent of all parties involved
  1. Exempt documents include complete financial statements including income and expenditure details. Parties should endeavour to provide 2-3 independent valuations regarding properties and provide up to date Cash Equivalent Transfer Value (CETV) for pensions and agree to seek independent financial advice where appropriate.
  1. A mediator may where there appears a significant risk to the life, health or safety of children and or any other party 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 proceeds of crime.
  1. 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 fees and expenses from the Party or Parties initiating the other process.
  1. Parties to a mediation will agree in advance with Alpha Beta Mediation Service as to the estimated time for the mediation and thereafter decide which if any costs apply.

Mediators and Alpha Beta Mediation’s Role

  1. All Mediators of the Alpha Beta Mediation Mediators Panel are fully trained and accredited by Civil Mediation Council and or Family Mediation Council mediation training providers. All Mediators are fully insured and able to practice in all Alpha Beta Mediation’s specialist practice areas. All Mediators of Alpha Beta Mediation undergo continual professional development. Family Mediators on Alpha Beta Mediation’s Mediators Panel are specially trained in all matters relating to children [direct child consultation].
  1. The Mediator’s role is as an independent and neutral party is to act impartially, and to help facilitate parties arrive at a mutually acceptable settlement. Mediators do not take sides or offer legal advice but may signpost parties to lawyers who do.
  1. Mediators are in charge of the mediation making 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 or people involved in the mediation are at risk or if the mediation negotiations are at deadlock.
  1. Where children are involved the Mediator may speak to the child if they are old enough and then only with the consent of both parties. If the Mediator has major concerns regarding the welfare of a child s/he is legally obligated to raise this concern to the relevant authority.
  1. Mediators will when Parties are not legally represented help draft any agreement reached normally at no extra cost. Included in the Family Mediator’s fee is to provide written summaries and draft a Memorandum of Understanding or an Open Financial Statement at the completion of the mediation process which can be formalised into a consent order.
  1. Alpha Beta Mediation will provide a complete mediation service from appointing the most suitable Mediator to the dispute, to helping decide which fee package is most suitable and to arranging, if necessary, venue hire at a location most convenient to the Parties. Alpha Beta Mediation will throughout the mediation process provide support to the Parties.

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. In relation to Family Mediations payment is in advance of each individual session unless booked at a fixed rate.
  3. If we have an account with instructing solicitors or other professional service providers’ mediation invoices must be settled no later than 28-days after the mediation has finished. In relation to Family Mediations after each individual session unless fixed rates have been booked in advance. Late invoices after 28-days incur interest at a daily rate of 8% until payment.
  4. Mediation Fees are payable and due 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.

Cancellation Rights and Charges

  1. Mediation Fees are fully refundable up to 48-hours 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.