Operating Terms and Conditions
Terms and Conditions
1. General Obligations
Mediation Parties agree that Mediation is a private process in which they participate in voluntarily. Parties agree to act in good faith to resolve their issues and to share information freely in pursuit of a settlement. Parties agree to remain respectful of all opinions throughout the Mediation Process.
2. Mediation Parties
in Family Mediations and Civil and Commercial Mediations do not need to be legally represented but are encouraged to seek legal advice at any time before, during or after the Mediation. Mediation Parties agree to seek independent financial advice where appropriate.
3. Confidentiality
Mediation Parties agree all matters discussed in Mediation including the exchange of all documents is confidential. Details of Mediation discussions and documents used in Mediation for the purposes of Mediation negotiations cannot be used for any other purpose.
4. Documents used in Family Mediations which are financial statements of assets, properties, finances, income and expenditure and are used to form the basis of a legally binding financial settlement may be exempt under this clause if it is the Mediation Parties intention to formalise their Mediated agreement(s) in court.
5. No recordings of any Mediation can be made without the express consent of all Mediation Parties and the Mediator(s) involved.
6. A Mediator will if a significant risk to the life, health, safety or welfare of any children and or any other Mediation Party has been disclosed during Mediation encourage the Mediation Parties to inform the relevant Child or Adult Social Services and or the Police. A Mediator is ethically bound to report any disclosed risk to the life, health, safety or welfare of any children and or any other Mediation Party if the Mediation Parties have not done so themselves.
7. When proceeds of crime has been disclosed during Mediation a Mediator is obliged under the Proceeds of Crime Act 2002 to report the matter to the relevant authorities.
8. Disclosure
Mediation Parties are encouraged to disclose all relevant information in pursuit of a Mediated agreement. Mediation Parties involved in Family Mediation where issues of properties and finances are to be discussed will need to provide a minimum of 3 independent property valuations for each property [by agreement if properties are outside of the United Kingdom] up to date pension Cash Equivalent Transfer Value [CETV] statements, details of bank accounts [minimum 3-current statements for each account], current P60’s and last 3-wage slips or if self-employed current accountancy report and income and expenditure information. Documents for disclosure should always be copied for mutual exchange or if Remote Mediation by video, shared by email.
9. Mediation 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 a Closed Confidential Statement for the Mediator(s) only.
10. Mediators
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, available on request. All Mediators of Alpha Beta Mediation undergo Continual Professional Development [CPD] which is checked and verified by the regulatory authorities the Civil Mediation Council and or Family Mediation Council.
11. The Mediator’s role in Mediation is to be independent of the Mediation Parties, to act impartially and to facilitate Mediation Parties arrive at mutually acceptable agreements. A Mediator will assist Mediation Parties to understand the law but does not offer legal advice unless agreed by the Mediation Parties beforehand and if s/he is qualified to do so.
12. Mediators oversee the Mediation Process ensuring the Mediation Parties have proper opportunities to express their views and opinions on issues discussed in Mediation. The Mediator can stop the Mediation at any time if s/he believes Mediation Parties are not engaging in the Mediation process in good faith or where issues of safety of the Mediation Parties becomes apparent or if the Mediation negotiations are at deadlock.
13. Where children are involved and if suitably qualified a Mediator may recommend s/he should speak to the child privately [direct child consultations] if they are old enough and with consent of parents.
14. Mediation Parties agree that the Mediator cannot be called to give evidence or supply any Mediation 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 s/he will be entitled to claim his/her fees and expenses from the Party or Parties initiating the other process.
15. 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.
16. Mediation Fees
Family Mediation costs are shared equally between both parties unless otherwise agreed or funded through the Family Mediation Legal Aid or through the Ministry of Justice Family Mediation Voucher Scheme [Child Only Issues].
17. Mediation costs including venue hire for all practice areas [Civil and Commercial, Family, Small Claims and Community Mediations] are payable in full and in advance of the mediation date.
18. 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 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.
19. Family Mediators will if required draft a Statement of Outcome [Child Only Mediation] Memorandum of Understanding and an Open Financial Statement [Property & Finance Mediation] at the end of the Family Mediation for a fixed-fee of £50 per document per-party.
20. For the certification of all court forms a fee of £20 is payable per-court form completed.
21. 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. All payments methods including debit and credit card cash or bank transfers accepted.
22. Alpha Beta Mediation reserves the right to cancel appointments for Mediations if payment has not been made in accordance with [17].
23. Mediation Fees are fully refundable up to 7-days before the Mediation date is due to take place. If the Mediation date is cancelled between 7-days and 48-hours before the Mediation date is due to take place the cancelling Mediation Party or Parties will incur a 50% cancellation charge. If the Mediation date is cancelled with less than 48-hours before the Mediation date is due to take place no refund of any portion of the Mediation Fee is available. Furthermore Alpha Beta Mediation reserves the right to charge the cancelling Mediation Party or Parties a further 20% of the Mediation Fee charged for venue hire cancellation if so arranged.
24. Feedback Comments Reviews and Complaints
Alpha Beta Mediation is committed to providing a high-quality Mediation service and all feedback, comments and reviews are welcome. All complaints and grievances about either the conduct of its Mediators and or service are dealt with sensitively.
25. 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 be considered.
26. A complaint can be filed either by using the dropdown menu in the contact form or by writing or emailing the office which dealt with the Mediation.
27. The service levels for dealing with an in-time complaint or grievance is 4-weeks but where operationally possible Alpha Beta Mediation will endeavour to work ahead of quoted service levels.
