Terms and Conditions:

1. The mediator’s purpose is to aid the parties reach a position where they are able to reach an agreement in settlement of the dispute. To start a conversation and help both parties understand each other’s position in a holistic and thoughtful way. The mediator may challenge the party’s respective positions; but the Mediators purpose is not to reach Judgment or adjudicate between the parties and will remain neutral throughout.

2. The mediator will not: -
   (a) give any legal advice to the parties.
   (b) be a party to any settlement agreement reached between the parties.
   (c) be liable to the parties for the drawing up, content or effect of any such agreement.

3. At any point during the mediation process the parties are free to take legal advice and are positively encouraged to have any draft settlement agreement reviewed by their advisers before signing and committing to it.

4. The mediator is independent of the parties and will not act for any party in relation to any aspect of the dispute.

5. A mediation is an entirely voluntary and confidential procedure, and the parties cannot be compelled to settle, or even to continue the mediation.

6. Either the parties or the mediator can end the mediation at any time without giving a reason.

7. At least 7 clear days before the day agreed for the mediation meeting (or in line with any amended timetable that may be agreed between the parties) each of the participants will deliver to the mediator and to each other: -
   (a) A brief summary of the dispute as they see it;
   (b) Copies of any documents which the party feels relevant and wishes to draw to the mediator’s attention;
   (c) the names (and contact details) of all parties (and any representatives) who will attend the mediation;
   (d) where the parties are represented, written confirmation that the representatives will have authority to settle the dispute at the mediation. It is in nobodies’ interest to have a negotiated settlement fail because a party’s representative has exceeded their authority.

8. No person may attend a mediation without the prior consent of the mediator and the parties.

9. As stated above a mediation is a confidential process on all levels: -
   (a) Any documents or communications disclosed or produced for or in the course of the mediation are “without prejudice”.
   (b) Any settlement proposals are without prejudice unless and until they are contained in a written agreement signed by the parties or their authorised representatives.
   (c) At the end of the mediation, howsoever arising, all material given to the mediator will be returned to the provide or will be destroyed by the mediator.
   (d) Any notes made by the mediator are confidential to the mediator and may be destroyed by the mediator at the conclusion of the mediation.
           (i) The parties to the mediation will not seek the production of any notes made by the mediator; or
           (ii) Require the mediator to give any evidence whatsoever in relation to the dispute or what took place upon, at or after the mediation.
   (e) There shall be no sound recording or transcript of the mediation.

10. An agreement in writing once signed by all parties forms a binding contract between the parties.

11. Fees for the mediation will be agreed and paid in advance. Each party will pay an agreed proportion of the mediator’s fees and expenses (usually in equal shares) prior to the commencement of the mediation. In any case where the fee has not been paid as agreed the mediation will not proceed until the mediator is in possession of cleared funds.

12. Any invoices for additional time or services will be paid within 7 days of the date of the invoice.

13. The mediator will be entitled to charge interest on overdue payments of sums invoiced at the rate of 8% p.a.

14. If a party no longer wishes to proceed with the mediation: -
    (a) they may cancel without charge up to 7 days prior to any date fixed for the mediation by giving written notice to the mediator and to the other parties.
    (b) In the event of a cancelation less than 7 days prior to the date set for the mediation a cancellation fee of 50% of the mediator’s daily rate is payable.
    (c) If the mediator has to cancel the mediation, is late or is unable to attend for any reason, the mediator will make reasonable attempts to re-schedule the mediation at the earliest opportunity and at the convenience of the parties. In any event, the mediator’s liability will limited to his fees for the mediation.

15. Complaints will be dealt with in accordance with the prescribed Complaints Handling Process which is set out in full on the ADM Mediation Services website [hyperlink]
    16. This agreement shall be governed by, construed and take effect in accordance with English Law and the Courts of England and Wales shall have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with the mediation.