Mediation
Mediation is different from marriage or relationship counselling, therapy or legal representation. If you do have legal representation please inform your representative ( if you have not already) that you intend to enter into mediation. Mediation is not intended to be used to reconcile a relationship nor is it a method of obtaining legal advice or the merits of your case.
Key Principles of Mediation
Voluntary Process – Mediation is a choice and you must be free to attend voluntarily and without being forced to attend or feeling at risk of any kind. The mediator and you are able to withdraw from mediation if a participant is unable or unwilling to take part in the process, freely and fully. The mediator may suspend or terminate the mediation if this is the case. The mediator will continually assess and screen for any forms of abuse and power imbalance. If necessary, the mediator will talk with the adversely affected person to find out if they wish to continue with the mediation and provide information about support services available.
It is important to know that the decision making in mediation is made by yourselves and not the mediator. The mediator will provide information but not legal advice, to assist the mediation process. It is important that you seek your own independent legal advice.
Impartiality – The mediator working in your case is not able to give legal advice and their role is to conduct the mediation impartially and in an even handed manner. We will identify if there are any conflicts of interest and will consider them and take appropriate action if needed. The mediator will not mediate your case if they have acquired relevant information in a professional or private capacity. The mediator will seek to prevent manipulative, threatening, or intimidating behaviour and seek to redress any power imbalances which seem likely to impact on the fairness or effectiveness of the mediation. These steps may include moving mediation to a shuttle mediation format, muting if online and terminating the meeting if necessary. The mediator will remain neutral as to the outcome of mediation and will not seek to impose an outcome or predict the outcome of court proceedings. If the parties agree , the mediator will inform them of any agreements which may fall outside of the parameters which a court might approve or order. The mediator may explore all possible courses of actions to resolve the matters , but they will not be giving advice only information on processes.
Confidential- The discussions in mediation are conducted on a without prejudice basis and confidential and must not be recorded in any format, posted on social media or meetings be overheard by any other person unless with the written consent of all participants and the mediator.
All documents produced are, unless otherwise marked as “Open” documents, are conducted on a without prejudice & legally privileged basis. Any factual information provided in financial mediation is done so on an open basis.
Any discussions and negotiations in mediation can not and will not be referred to in any legal proceedings and the mediator cannot and will not be required to give evidence or produce any notes or records in the course of the mediation, unless both participants agree to waive the without prejudice basis or the law imposes an overriding obligation of disclosure on the mediator.
The mediator will not discuss the mediation or correspond with any legal advisor without your express consent. If you have agreed for us to notify your legal representatives of key events but not subject matter, then the mediator will maintain professional impartiality.
Exceptions to confidentiality- Information provided by one person ( in mediation not in a MIAM) will be shared openly with the other person unless if the sharing of information could lead to a child or other person suffering harm or other public policy conditions prevail. If a child or other person has or is likely to suffer significant harm or other public policy requires, then the without prejudice nature of the mediation will be removed. The mediator must ensure an appropriate agency or authority is notified and they will notify their PPC.
If the mediator suspects they may be required to inform the appropriate government authority under the Proceeds of Crime Act 2002 ( as updated) the mediator will stop the mediation without informing the participants of the reason.
Welfare of the children – The mediator will at all times have regard to the welfare of any child of the family and will encourage both participants to focus on the needs of the children as well as their own interests. If the mediator has a concern a child may have or be at risk of suffering significant harm , the mediator will contact the relevant government authority. If the mediator considers that the participants are acting or are proposing to act in a manner likely to be seriously detrimental to the welfare of any child of the family, or family member , the mediator may withdraw from the mediation and outline the reason for doing so promptly.
Conduct of the mediation
All participants and the mediators agree to be open and honest and work together to reduce conflict arising out of the matters to be discussed.
The following are therefore agreed between you the participant and the mediator:
-The mediator is under no obligation to respond or share any information which is provided outside of each mediation session which relates to the subject matter of the dispute.
-You agree to listen, hear and acknowledge the other persons views.
-You agree to share your views in a clear, meaningful, respectful and polite manner throughout the mediation.
-You agree you will not speak over the other person or the mediator and accept following a warning you may be muted if online or the mediation terminated if this is persistent.
-Not ask the mediator for their opinion or view and respect the mediators impartiality.
-Work together to reduce the issues in dispute and offer and consider a variety of options to resolve matters.
– Provide open, full and frank financial disclosure to each other and the mediator in a financial mediation.
Documents in mediation
All documents in mediation are without prejudice and legally privileged unless they are described as “open” or are financial documentation for the purposes of financial mediation. We understand the exceptions detailed elsewhere in this document.
We acknowledge the mediator will provide. a summary / outcome statement of our discussions within 10 working days of the mediation session. This document is the mediators document and will be shared with you for the purposes of obtaining legal help and support. The matters recorded are indicative of the discussions and are not “minutes” of the meeting. Any changes may be considered by the mediator at the next mediation session.
I also acknowledge any options or proposals which are agreed and recorded in a Memorandum of Understanding ( M.O.U) or outcome statement is not legally binding. I understand if i wish to have a legally binding agreement I must in addition to mediation seek independent legal advice/ support in respect of a Consent Order or other legally binding instrument.
Data Protection & GDPR
The mediator has a duty to act within the Data Protection legislation which includes a duty to handle, manage and destroy information confidentially, securely and professionally and not to share any information about the participants without their expressed permission to do so. You have a right to see your file, should you wish, and on request. Mediators may not provide information from the file that refers to both people in the mediation to one person, without the agreement of the other.
Remote & Online Mediation
I/We ask that if your mediation is to be conducted in whole or in part via video and other remote technology that you please read the following:
Terms for Mediators
I/We will not audio or video record any mediation session, and nor will you. We will check with you that neither you, nor anyone on your behalf, will do so.
I/We may end any online mediation meeting if there is inadequate quality of connection or a breach of this agreement may have occurred.
I/We may suspend the mediation if there is any remote interruption and will restart the online session once satisfied that any interruption has been resolved and that it remains appropriate to continue following such interruption.
I/We will discuss and agree with you all arrangements for the conduct of any online meeting including the use of e.g. separate virtual rooms/waiting spaces etc.
I/We will discuss with you the involvement of any other professional who may be of assistance in helping you to resolve things between you as part of your mediation and how they might join any online meeting between us.
I/We will explain arrangements for the use of any file/document sharing arrangements online and will ensure that any transfer of documents/files/information is organised via secure file synchronisation. We will also check that you will have access to any documents that you may need for any meeting between us.
Terms for You
Only the people who have signed this agreement to mediate online may be present in the same room/s used by the participants during any online mediation meeting. I/We ask that you confirm that you are not able to be overheard from your location.
You agree to do all you can to ensure that you are not interrupted during any online mediation meeting by anyone else such as children, relatives, pets, deliveries.
I/We ask that you agree to turn off or put to silent any phones, tablets or computers, and disable any alerts announcements or notifications of texts, emails, tweets or other social media activity, and close all or any other open application.
You agree to there being no live or deferred video or audio relay of the online mediation to third or other participants.
You agree not to video or audio record any online meeting unless specifically agreed between us all ahead of that meeting .
You assign all intellectual property rights in the online video mediation meeting/s to the mediator/s.
Should you create any video or audio recording of the online mediation, inadvertently or otherwise, you agree that you will not share or post it/to with any other person or agency and that you undertake to destroy any such recording as soon as you become aware of its existence.
Online family mediation is a without prejudice process to seek a negotiated settlement and all conditions set out in your Agreement to Mediate will apply in the same way.
I/We will only communicate with each and both of you during pre-arranged remote/ online meetings to ensure that I am/we are able to remain independent, even-handed and transparent in my/our approach.
You will not attempt to contact me/us directly utilising remote/ online video methods without a prearranged meeting.
I/We understand and agree to the above arrangements for my/our online video and remotely managed mediation.
Complaints
We understand separation can be a challenging time and from time to time there may be situations where you may feel things could have been done differently. We constantly review our processes and work and provide a feedback questionnaire for you to express how we could improve or have helped.
If a situation arises where you have a concern that you would like us to address and is covered by the FMC Codes of Practice or Standards Framework we will first speak with mediator in your case informally with any suggestions you may have.
If after this your concern is not addressed, then we will review the concern with a mediator who has not been involved with your case and provide an opportunity for any suggestions you may have.
In the event your concern has not been addressed then the matter will be considered within the first stage of our formal complaints policy.
Finally, if the concern still remains unresolved after exhausting the internal complaints process then it can be raised with the College of Mediators as detailed further on request by email to admin@ourkidsfirst.org.uk in the Complaints Policy.
Fees
I am responsible for paying my own fees and understand the rates for mediation are £145 per hour for meetings and any written documents as detailed below unless I am in receipt of legal aid.
Plain pricing:
MIAM Meetings £145.00
Mediation Sessions £145 per hour
Summary Documents Free
MOU & OFS – £145 per hour
If the MOJ voucher applies in our case, I understand the value of this may be shared across both of us and will not include and document costs. This will usually be enough to cover the first mediation, however further sessions will need to be paid for on the above rates unless legal aid applies.
Cancelling
I acknowledge I am liable to pay my own costs , unless legally aided and am responsible for paying these myself.
If your meeting is cancelled within 24 hours then unless the meeting is rescheduled within the calendar month, the full amount will be due.
If your meeting is cancelled with more than 24 hours notice and your meeting is not rescheduled then we will return 50% of your fee for that meeting.
If your meeting is cancelled with 7 days or ore notice, we will refund 100% of your payment if we cannot reschedule.
These do not affect your statutory rights under the Consumer Contracts ( Information, Cancellation & additional Charges) Regulations 2013.