Terms And Conditions

What is the mediator’s role?

The mediator is objective and self-sufficient. The mediator does not take sides and does not pass judgement or give an opinion on who is correct or incorrect. In mediation, there is no space for blame. Mediation enables you to maintain a positive outlook on the future and develop your own answers to issues.

The mediator is not there to counsel you, but he or she can point you in the right direction if you require assistance. Additionally, the mediator can assist you in determining whether any agreement you make is likely to work or is likely to be accepted by a Court (if there are ongoing or pending Court proceedings).

The mediator works with everyone equally to ensure that everyone has an equal opportunity to engage in mediation. Occasionally, a person may want further assistance in presenting their viewpoints to the other participants in mediation. The mediator may provide this assistance in order to ensure equitable participation, but in doing so, he or she is not taking sides.

If you were referred to mediation by another party, such as social services, the mediator is completely unrelated to the referral.

How about adjourning mediation?

You have the right, as this is a voluntary procedure, to terminate the mediation session at any time. Before you do, the mediator will discuss your concerns and the reason for terminating the mediation session with you. The mediator will honour any participant’s request to terminate mediation.

Additionally, the mediator has the authority to terminate mediation if he or she believes that continuing would be detrimental to the parties’ interests.

What about secrecy and privilege?

The mediator has a professional obligation to maintain the confidentiality of any information received during the mediation process and to guarantee that it is not revealed to anybody who is not a participant. However, there are several circumstances where the mediator is required to alert the proper authority if anybody (including a vulnerable adult or child) is in imminent danger of serious injury;

Where the mediator is required under the Proceeds of Crime Act 2002 (as amended) and/or the relevant Money laundering Regulations 2007 to divulge information to the competent authorities;

If the mediator is required to reveal the conduct of an unlawful act; and where you have been referred to mediation, for example by social services, the mediator is required to inform the referrer of the mediation’s conclusion.

In certain instances, mediation occurs in the context of ongoing or upcoming court actions. You agree that the mediator will not be called to testify in court.

The talks that take place during mediation are legally protected. Neither you nor the mediator may be compelled in Court to disclose such exchanges.

You may request that the mediator create a written summary of the issues on which you have agreed. Additionally, this document is legally privileged, unless all parties agree to renounce that privilege.

How about the expenditures associated with mediation?

The mediator and you will discuss the charges associated with the mediation process. It is critical to understand who will bear the mediator’s expenses: if you self-refer, you will bear the mediator’s costs; fees are assessed individually for each party.

You certify that, to the best of your knowledge, neither you nor your partner are eligible for Legal Aid and that you agree to pay all fees in advance of each planned meeting session. Please notify your mediator promptly if you suspect you are or may be eligible.

What if I wish to lodge a complaint?

If you are dissatisfied with the mediator’s service, you have the right to complain.

To begin, you should address your issue to the mediator, who will attempt to settle it.

If you are dissatisfied with the mediator’s response, you have the right to lodge a complaint with the mediator’s professional organisation. Your mediator will inform you who this is and give you with the address of the mediator’s independent complaints handler, who is designated by the mediator’s professional organisation. You consent to the mediator providing the independent complaints handler with your mediation records.

The mediator must ensure that records are stored and disposed of in a manner that respects the confidentiality required by such documents and is consistent with applicable law and the mediator’s professional association standards.