Agreement to Mediate

 

It is agreed by signing this Agreement that:

  • The parties attempt in good faith to resolve their dispute and agree to appoint the mediator to mediate between them.
  • The mediator will not give legal advice or opinions to allow free, authentic expression of needs, feelings and interests between parties. The mediator shall decline hereafter to act for any party in any capacity in connection with the dispute.
  • The parties and the Mediator recognise the mediator is an independent contractor and is not an agent (in any capacity) of either of the parties or their representatives. The mediator has no personal financial interest in the subject matter of the mediation will be managed on the same privilege basis ‘without prejudice’ dispute.
  • Any party, including the mediator can withdraw from the mediation at any time. The mediator may also terminate or suspend the mediation if there is inadequate quality of connection or a breach of the agreement has occurred.
  • The parties will attend the mediation personally /online/telephone/e-mail or through authorized representatives. Each party in attendance upon the mediation must have full and unlimited authority to negotiate compromise or settle the dispute on its behalf. If, for any reason the parties need to consult with anyone outside the process they must be able to communicate with them throughout the course of the day.
  • All persons involved in the mediation will keep confidential all matters relating to the mediation whether it is in writing, oral or otherwise including settlement terms. 
  • The mediator shall not be liable to any party except in the case of fraud, for any act or omission whether negligent or otherwise, in the performance of any of the services provided by her or the obligations arsing under this agreement (before, during or after the mediation) provided by her or the obligations arising under this agreement.
  • The parties will not call the mediator or request her to produce in evidence any records or notes relating to the mediation.
  • Any settlement agreed between the parties shall not be binding or enforceable until written agreement has been signed on behalf of both parties.
  • Fees and expenses relating to mediation shall be made payable by the parties on an equal basis and paid in advance of the mediation.

Online Mediation

  • If Mediation is taking place online using a Communications service provider, the mediation process will begin from the moment the Mediator makes prior contact with the parties around discussions and exploration before the beginning of the online Mediation. The mediator will have the role of ‘Host’ by the online communication provider and will be in control of the platform. For the purposes of the mediation the parties agree that the mediator will be ‘Host’ and lead participant, unless otherwise agreed by all the parties.
  • The length of time for an online mediation shall be discussed in terms of breaks or over different days if necessary, to allow time away from the computer.
  • Parties shall agree to close off their notifications such as email, messenger, and social media ahead of time so as not interrupt the online mediation. If for any reason anyone technology breakdown or otherwise it can be discussed as to other solutions in advance.
  • The mediator may terminate or suspend the mediation if there is inadequate quality of connection or a breach of the agreement has occurred.

Confidentiality

To protect the confidentiality of the mediation process, it is important that everyone agrees that:

  • They will not use any electronic, video or audio record of the mediation.
  • Consider the confidentiality provisions and the effect without prejudice privilege.
  • They will not make or allow any live or deferred video or audio relay of the mediation to others.

Privacy

Only the participants to the mediation and those who have signed the agreement to mediate will be present in the room used by each participant during any mediation session.

If a participant has an interruption from another household member or other person, it is important to alert the other side to this possibility as unexpected interruptions can negatively impact on the trust between the parties.

Terms and Conditions

Fees:

A quote shall be given after the potential mediation has been discussed with you and the agree amount to be paid by bank transfer prior to Mediation taking place. By signing this each party agrees to terms, conditions and fees unless otherwise agreed in advance.

If any of the party cancels (as opposed to postponing) the following proportion of the fee will be payable by each party.

  1. If cancelled less than 48hrs before the mediation date the full fee shall still be payable.
  2. If cancelled more than 48 hrs but less than 5 working days before the date of the mediation, 50% of the fee will still be payable.
  3. If cancellation is more than 5 but less than 10 days before the date of mediation, 25% is payable.
  4. In each case without prejudice to a party’s right to recover such sums from any party it may consider to be at fault for the cancellation.

Complaints Procedure

Sometimes a client may feel that their expectations but can be resolved effectively and quickly if discussing the concerns at an early stage. However, should either party have any complaint against the mediator, the following process shall apply:

  1. In the first instance, the mediator will discuss the complaint with the relevant party with a view to agreeing a solution in writing.
  2. If no agreement can be reached at this point then complaint will be forwarded to Scottish Mediation Network, an independent charity with a request to provide the names of three independent mediators. The party will have the option to choose a mediator from the list who will meet with the complaining party and the mediator with a view to mediating a satisfactory solution.
  3. At all times the complainant shall retain the right of recourse to normal legal process.

Code of Conduct

Scottish code of practice.