This is a three-way agreement between Ourkidfirst Limited (‘Ourkidsfirst Mediation’) and the two parties to mediation. We agree to use an Ourkidsfirst Mediator (“the Mediator”) to help us to try to agree arrangements with the other person for our child/ren / our finances / our child/ren and financial arrangements. We understand that this agreement is legally binding on us, and we must pay all the fees due to Ourkidsfirst Mediation.
CONDUCT OF THE MEDIATION
1. We will:
a. Treat each other and the Mediator respectfully, be fair to them and show them courtesy.
b. Leave fault and criticism out of all our discussions.
c. Co-operate in trying to reach agreement.
d. Think about each other’s needs and the needs of our family as a whole.
e. Try to reduce the emotional and financial distress caused.
f. Keep the content of the mediation confidential – this includes all forms of social media. Posting details of the mediation on social media is a serious breach of this agreement and will mean the Mediator can end the mediation process.
g. Not make any form of sound or video recording or broadcast of our discussions without the Mediator’s permission.
2. We understand that all the discussions within mediation with Ourkidsfirst are:
a. Confidential. The exceptions to this are information which relates to safeguarding of children and the Proceeds of Crime Act 2002.
b. Privileged. This means we cannot refer to any discussions or proposals suggested or discussed by either of us in any future court proceedings and that the Mediator cannot be required to give evidence or produce any notes or records made in the course of the mediation, unless the participants agree to waive the without prejudice basis on which the Mediation is conducted or the law imposes an overriding obligation of disclosure upon the Mediator.
3. We understand that:
a. The Mediator’s role is to facilitate our discussions during the mediation meetings. The Mediator will be under no obligation to discuss issues or proposals with the parties individually before or between mediation meetings.
b. The mediation summary prepared after mediation is intended to help us to obtain legal advice. It is not a word for word report and will contain only what the Mediator considers are the key points from our discussions. Any changes to the mediation documents will only be made at the Mediator’s discretion and at the next appointment. It is a confidential and legally privileged document and cannot be referred to in the court process.
c. It is sensible to think about obtaining independent legal advice from solicitors during and after the mediation is completed. We understand the Mediator can only provide factual information, not legal advice. We will notify any legal advisors acting for us of the appointment of the Mediator.
d. The Mediator will end the mediation session if either of us asks, or if the Mediator thinks it is appropriate.
e. If Ourkidsfirst prepares a Memorandum of Understanding (MOU) or Parenting Plan this is not a legally binding agreement. We understand that it is our responsibility to obtain legal advice on making any agreement legally enforceable through a Court Order or a Separation Agreement.
f. When mediation meetings take place with the parties located in separate rooms or separate online meetings (‘shuttle mediation’) financial or other relevant data disclosed to the Mediator by one party will be shared by the Mediator with the other party
FINANCIAL DISCLOSURE RESPONSIBILITIES
4. For Financial Mediation we will: a. Make full disclosure to each other and the Mediator of all joint and individual finances and provide all the paperwork which relates to them. We understand the financial information provided in mediation can be referred to in any future court proceedings. b. Not take out any debt, transfer or dispose of any assets, except for everyday living expenses, unless agreed first with the other part.
Fees
5. If I am eligible for public funding (Legal Aid) Ourkidsfirst ’ charges will be met by the Legal Aid Agency.
6. If I am not eligible for Legal Aid, I agree to pay Ourkidsfirst ’ fees and charges as set out in Appendix 1. If one person is eligible for Legal Aid and the other private paying – the first hour of the first mediation appointment only is funded by the Legal Aid Agency for the person who is privately paying.
7. If our case fully or partly relates to child arrangements, and a voucher from the Ministry of Justice (MOJ) scheme has been awarded to our case, I understand that this provides £500 per case towards the cost of mediation appointments (not assessment meetings or paperwork). If neither of us is eligible for Legal Aid, then the voucher will be shared equally between us at £250 each. If one of us is eligible for Legal Aid, the other person will have full use of the MOJ voucher.
8. I understand that the voucher will be applied to our meeting costs until it is fully used; we will then be invoiced for any further meeting costs. If our case closes with the voucher only partly used, the remaining funds will be returned to the voucher scheme. I understand that we will not be able to use the remaining funds, or apply for another voucher, if we return to mediation in the future.
9. Ourkidsfirst will prepare an invoice for each private paying client prior to each meeting and/or document preparation task and payment is required in full before each meeting takes place or document is sent to a party. Ourkidsfirst reserves the right to cancel an appointment if payment has not been made in full before the meeting. Ourkidsfirst will not be under an obligation to provide any document to a party whose invoices have not been paid in full.
10. I acknowledge that Ourkidsfirst may use and disclose any of my personal data (including that contained in the financial records disclosed to the Mediator under Clause 4 above) in connection with any civil proceedings to recover fees that I have failed to pay.
Cancellation
11. We have been informed of and agree to the Ourkidsfirst Cancellation and Payment Policy as set out in Appendix 2. If we cannot keep a mediation appointment, we will inform Ourkidsfirst promptly, giving at least forty-eight hours’ notice as specified in the policy. Ourkidsfirst reserves the right to charge the full fees for missed appointments.
Jurisdiction
12. This agreement shall be governed by and construed in accordance with English law and each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this agreement or its subject matter or formation
IMPORTANT INFORMATION The practice of the mediators at Ourkidsfirst is governed by the Family Mediation Council (FMC) Codes of Practice or Standards Framework. If you have any questions about these Codes and Standards, please raise these with us. Any concern we may have as to the practice of the Mediator will be raised with him or her in the first instance. It is the policy of Ourkidsfirst to resolve matters internally and informally according to Ourkidsfirst ’ complaints policy. If you have exhausted our own complaints procedures, you may be able make a formal complaint to the FMC’s Family Mediation Standards Board (FMSB). Full details of how to make a complaint to the FMSB and the criteria that must be met for a complaint to be processed can be found at: https://www.familymediationcouncil.org.uk/complaints-about-mediators/ We consent to release by Ourkidsfirst of information held by the Mediator to the FMBS in the event that a formal complaint is made to the FMSB to which that information pertains. Ourkidsfirst ’ complaints policy is available on our website. Privacy Notice – for details of how we process your personal data please see our privacy policy on ourwebsite.
See appendix 1 ( Fees & Charges ) and Appendix 2 ( cancellation) here