Terms and Conditions

Terms and Conditions / Agreement to Mediate

The Parties: This agreement is between (1) the business providing goods and/or services subject to a complaint, (2) the consumer who purchased these goods and/or services, and Wensum Mediation.

Medaite Property: A trading name of Mediate Property Ltd, is an ADR Entity providing mediation/alternative dispute resolution (ADR) services. The parties agree to the following terms and conditions for these services.

1. Appointment: The Parties appoint Mediate Property to arrange mediation as described below. The mediation ("the Mediation") will be conducted by video conferencing or in-person, following the Mediation Procedure outlined in the 'agreement to mediate'.

2. Referral Form: Upon receiving a completed Referral Form from the Consumer, Mediate Property will decide if the dispute qualifies for mediation under the Mediation Procedure. This decision may then be referred to The Society of Mediators if the complainant remains dissatisfied.

3. Mediator Allocation: If the Dispute qualifies, Mediate Property will assign a Mediator from its panel to follow the Mediation Procedure and mediate the Dispute.

4. Mediation Duration: The duration of the mediation shall be agreed in advance of the session. Any extension to the agreed duration will require the consent of all parties and the Mediator. Additional fees may be payable in respect of any agreed extension and will be charged in accordance with the Mediator’s prevailing fee schedule.

5. Session Confirmation: At the conclusion of the mediation, and upon request, the Mediator may provide a confidential confirmation letter confirming that the mediation took place. This letter may be relied upon in any subsequent court proceedings solely for the purpose of addressing issues relating to legal costs.

6. Procedures and Code: The Mediation will follow the European Mediation Procedure of the International Institute for Conflict Prevention & Resolution (CPR) and the European Code of Conduct for Mediators. In case of conflict, the Code prevails.

Confidentiality:

8. Confidentiality Agreement: The Mediation and the entire Mediation Procedure are confidential.

9. Without Prejudice: All aspects of the mediation process, including the Complaint Form and Response Form, are "without prejudice" unless a settlement is reached and documented.

10. Disclosure Restrictions: The Parties and Mediator cannot disclose any mediation-related information unless agreed in writing, required by law, to prevent significant harm, or to avoid criminal proceedings.

11. Post-Mediation Confidentiality: Whether the settlement terms remain confidential after mediation is for the Parties to agree.

12. Litigation Disclosure: The Parties may inform the court of the mediation's timing and status for litigation management purposes.

13. Mediator Testimony: No party will require the Mediator or Company to testify about the Mediation in subsequent litigation.

14. Mediator Liability: The Mediator and Company are not liable for any actions or omissions during the Mediation, except in cases of wilful misconduct or gross negligence. Liability is capped at £1 million.

Conflicts of Interest:

15. Disclosure of Relationships: The Mediator has disclosed all relevant relationships and interests that could affect impartiality. The Parties and their lawyers have similarly disclosed any such relationships.

16. Ongoing Disclosure: Disclosure obligations continue until the Mediation concludes.

The Mediation:

17. Facilitative Mediation: The Mediator will facilitate the resolution of the Dispute without providing legal advice or determining the outcome.

18. Legal Advice: Parties will rely on their own representatives or legal advisors for legal advice.

19. Mediation Termination: The Mediator may terminate the Mediation due to conflicts of interest or other valid reasons.

20. Settlement Documentation: A settlement is only valid if written and signed by the Parties or confirmed via email unless a signed agreement is requested.

Remuneration:

21. Fees: The Parties will pay the Company for the Mediator’s services according to the Fees listed on the Mediate Property website.

23. Legal Costs: Each party is responsible for its own legal costs unless agreed otherwise in a Settlement Agreement.

Proceeds of Crime Act 2002:

24. Disclosures: The Parties confirm that they have made necessary disclosures relevant to the Proceeds of Crime Act 2002 and will indemnify the Mediator against any non-disclosure consequences.

Governing Law and Jurisdiction:

25. Jurisdiction: This agreement is governed by the laws of England and Wales.

Cancellation Terms:

26. Voluntary Process: The mediation process is voluntary and can be terminated at any stage. Mediate Property will retain any paid fees to cover the time spent handling the complaint. 

27. 14-Day Cancellation Right: The contract can be cancelled within 14 days without giving any reason or incurring liability unless work has commenced at the consumer’s request.

28. Cancellation Within 14 Days: In view of the Mediator reserving time and potentially declining other work, any cancellation by a party within 14 days of the scheduled mediation date shall not entitle that party to a refund of any fees paid. The Mediator may, at their absolute discretion, agree to postpone the mediation to a mutually convenient alternative date without additional charge. Any such postponement shall be subject to the availability of the Mediator and the agreement of all parties participating in the mediation.

29. Effects of Cancellation: Upon cancellation, payments will be reimbursed within 14 days using the original payment method. If services were requested during the cancellation period, a proportional fee will be charged for the performed services.