Mediation Rules & Mediator's Terms
These rules apply to both parties. By entering and taking part in this mediation, you agree to them. They set out our role as mediator and the rules of the mediation. The mediator is Mediation & ADR Services Ltd (Mediate-AI), an independent and neutral mediation provider, and we conduct mediations in accordance with the Civil Mediation Council (CMC) Code of Practice.
1. Our role
We are independent and neutral. Our role is to help the parties reach their own agreement — we are facilitative, not advisory. We do not give legal advice or an opinion on the merits, and we do not decide the outcome or impose a settlement.
2. Confidentiality — your private information stays private
Anything you tell the mediator in private — including in a private session and your confidential settlement limits — is not disclosed to the other party unless you have expressly authorised it. Only the offers, positions and information you authorise are passed to the other side. The mediation as a whole is confidential and is conducted “without prejudice save as to costs”: what is said or offered cannot be used as evidence in court, except to prove or enforce a settlement. The only exceptions are where disclosure is required by law, or is necessary to prevent a risk of serious harm.
3. Voluntary participation
The mediation is voluntary. Either party may withdraw at any time, and either party or the mediator may bring the mediation to an end. Taking part does not oblige you to settle.
4. The decision to settle is yours
Whether to settle, and on what terms, is entirely a matter for the parties. The mediator facilitates the discussion but does not agree any settlement on your behalf.
5. Good faith and accurate information
Each party agrees to take part in good faith, to treat the other party and the mediator with respect, and to provide information that is, to the best of their knowledge, true and accurate.
6. How offers are handled
Offers and counter-offers are conveyed only as you authorise them. Your reserve position (the least you will accept, or the most you will pay) is held by the mediator in confidence and is never revealed to the other party.
7. Identity and authority to act
Each party's identity is verified before the mediation proceeds. Where a party is assisted by an agent or representative, that agent's written authority and the party's identity documentation are provided so that the other party can be satisfied the agent acts for that party.
8. Any settlement must be in writing
A settlement becomes binding only once it is recorded in writing and signed (which may be signed electronically) by the parties. The mediator is not a party to the settlement and does not enforce it.
9. Fees
The mediator's fee is separate from, and additional to, any fee charged by a party's own agent or representative. Each side's mediation fee is payable as notified before the mediation.
10. Data protection, liability and governing law
We process personal data in accordance with UK GDPR and retain it only as long as necessary (see our Privacy Policy). As a neutral facilitator we are not responsible for the outcome of the mediation or for any party's decision to settle. Nothing in these rules excludes liability that cannot lawfully be excluded. These rules are governed by the law of England and Wales.
Mediation & ADR Services Limited · Co. No. 17233766 · ICO No. C1938651 · 66 Paul Street, London EC2A 4NA · [email protected]