Legal

Terms & Conditions

By agreeing to attend the Mediation, all parties acknowledge and accept the terms and conditions outlined below. Participation in the Mediation process signifies consent to these terms.

The Mediation shall be conducted in accordance with, and subject to, the terms and conditions stated in the Agreement for Mediation. A sample form of the agreement can be viewed here.

These supplementary terms, and all amendments to them, shall be deemed to be part of the Agreement to Mediate which provides for Mediation with the Mediator.

Subject to the Agreement for Mediation, these Rules may be varied at any time by written amendment signed by the Parties or their Representatives, including the Mediator and TBG.

In the event of any inconsistency or conflict between these terms and any other terms provided by TBG, clerks or booking agents, these terms shall prevail. For the avoidance of doubt, these terms apply regardless of any other provisions or agreements that may contradict the provisions contained herein.

These Rules shall be interpreted in such a way as to provide the Parties with an efficient and effective Mediation.

Mediation Procedure

The Mediator will conduct the Mediation using Facilitative Mediation as defined hereinbelow. The Mediator will conduct the Mediation process non-judgmentally by exploring the interests, needs and concerns of the Parties allowing them to generate options for a mutually agreed resolution. For the avoidance of doubt, Evaluative Mediation is not offered. No Mediator shall evaluate or advise.

The Mediator will not advise any person, nor comment or offer legal or professional opinions. The Parties will rely on their own counsel or Representatives for legal or professional advice.

The Mediator will not propose a settlement nor draft any offers or settlement. Parties must attend the Mediation ready, willing, and able to write or draft any offers or settlement.

The Mediator will continue to use Facilitative Mediation techniques until a settlement is reached, or the Mediation is adjourned or terminated as set out below.

Termination of the Mediation

Whatever the process used in Mediation, the Mediation shall be terminated:

(a) by agreement between the Parties; or
(b) if a settlement is reached by the Parties; or
(c) at any time during the Mediation, if the Mediator in his/her absolute discretion decides it should be terminated in which case the Parties agree they shall not challenge that decision nor shall the Mediator give or be asked for a reason for the termination; or
(d) no agreement has been reached in the time available for the Mediation and it is either impracticable to take further time, unless the Parties and the Mediator agree to adjourn the Mediation; or
(e) a Party does not wish to continue in Mediation.

Upon termination, the Mediator will as soon as reasonably practicable destroy all notes and documents save for the Agreement to Mediate and any Schedules to that Agreement and/or the Rules.

Settlement Agreement and Formalities

A settlement agreed at Mediation will not be deemed to be concluded or to be legally binding until the Parties or their Representatives sign a Settlement Agreement at the Mediation setting forth the terms thereof.

The Settlement Agreement shall not be drafted or signed by the Mediator.

Exclusion of Liability

Neither the Mediator nor TBG or its staff, employees or agents, shall be liable to any Party or Representative for any act or omission howsoever arising in connection with any Mediation conducted by the Mediator.

Without prejudice to the Agreement for Mediation and to the exclusions or limitations set out in these rules, should contrary to the foregoing provisions (including in the Agreement for Mediation) any liability be found to attach to the Mediation, then the Parties agree that it shall be limited to the maximum sum of £50,000.

Costs of Mediation

Opting for Mediation can significantly reduce expenses compared to court proceedings, potentially saving hundreds of thousands of pounds. Parties will focus on effectively utilizing the allocated time to reach a resolution in a cost-effective manner. Based on past experience, it is anticipated that the Mediation will take between three to five working days to secure an agreement, depending on the complexity of the issues involved.

Mediation Fees and Policies

Mediation fees will be discussed and agreed upon in advance and in writing on a case-by-case basis, considering the complexity of the issues and the anticipated duration of the Mediation. Travel costs within the UK are included in the fees. For Mediations outside the UK, additional charges will apply to cover travel expenses, accommodation, and travel time.

The costs of hiring the Mediation venue and any necessary local accommodation, where applicable, are excluded. Mediation fees are due in full at least 21 days before the scheduled Mediation. Additional expenses and any extra time charges, where applicable, will be invoiced after the Mediation and must be paid within 21 days of the invoice date. The Parties are jointly and severally liable for the fees due to the Mediation and TBG.

Cancellation and Postponement Policy

The reference to "7 days" in Section 5, ‘Cancellation and Postponement’, of the Agreement for Mediation, shall be replaced with "21 days". Therefore, if a Mediation is cancelled or postponed at least 21 days before the scheduled date, no fee will be due. Cancellations made less than 21 days prior will incur the full fee. If a Mediation that was cancelled within 21 days is postponed to a later date not to exceed 30 days, 50% of the initial fee will be due, in addition to the full fee for the rescheduled date.

Legal Effect and Status of the Mediation

The Agreement to mediate and these Rules are governed by the laws of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to decide any matters arising out of or in connection with this Agreement and the Mediation.

Interpretation

In these Rules, the following terms shall have the following meanings:

"Mediator" means the accredited member of TBG panel that was appointed by the Parties as a neutral to conduct the Mediation and signed the Agreement for Mediation as ‘the Mediator’. The Mediator is an independent contractor chosen by or agreed to by the Parties with whom they contract for services rendered. The Mediator is not an employee of TBG. The Mediator is not a person who will provide legal or professional advice to the Parties or their Representatives or who will give a judgment or an award. References to the Mediator include both Mediators where there is a Co-Mediation conducted by two Mediators.

“Agreement for Mediation" means a legally-binding contract to mediate, prepared by TBG and these supplementary terms, for the Parties, their Representatives, the Mediator and any Non-Parties attending the Mediation, to be executed prior to the commencement of the Mediation, containing various provisions relating to the process of Mediation, confidentiality, privilege, liability, and the duties and obligations of the Parties to each other, to the Mediator and TBG. The Agreement to Mediate requires agreement to and compliance with these Rules.

"Party" means a Party to a dispute, controversy, or legal action who is a participant in the Mediation or who is represented by a participant in the Mediation.

"Representative" means the lawyer, counsel, attorney, or other authorised representative of the Party.

“Evaluative Mediation” shall mean a process of Mediation in which the Parties jointly invite the Mediator to comment on the merits or substance of the case, and/or to provide a non-binding evaluation: the Mediator may in his or her absolute discretion defer accepting, or decline, any such invitation without being asked for or giving a reason. TBG and/or the Mediator does not offer Evaluative Mediation.

“Facilitative Mediation or Mediation” shall mean a process of Mediation in which the Mediator offers no comment on the merits or substance of the case, nor provides any evaluation but instead assists the Parties to an agreement using principled negotiation: the Mediator may in his or her absolute discretion comment on the use of the process of the Mediation if such comment is likely to assist the Parties.

"Settlement Agreement" means a document signed by the Parties or their Representatives before the conclusion of the Mediation, setting forth agreed terms of settlement between the Parties which are intended by them to be legally binding.

Professional Indemnity Insurance

A copy of the current Professional Liability Insurance is available upon request.

Complaints Procedure

We are committed to providing high-quality service and ensuring that everyone involved in Mediation is treated fairly and with respect. If you feel we have not met these standards and wish to file a complaint, please write to enquiries@intercompanymediation.com. Please include:

Name and address of Company, along with any necessary contact details.
A clear description of your complaint and how the issue originated.
The Company’s view on what we can do to resolve your complaint.

All complaints will be acknowledged in writing within five working days of receipt. Gaby Grynwald will investigate and respond to all complaints within 21 working days of receipt. Gaby Grynwald will write to you confirming the outcome of his investigation and inform you of any actions taken or to be taken. In rare cases where more time is required, you will be notified in writing of the reason for the extended timescale.

If Gaby Grynwald's response to your complaint is not satisfactory, you can appeal to the Civil Mediation Council on certain grounds. Any appeal must be made within one month of receiving Gaby Grynwald’s investigation report. Details of the Civil Mediation Council's appeal process can be found here: https://civilmediation.org/complaints/