Terms and Conditions of Appointment.
We set out below the terms and conditions applicable to the appointment of Sally Carmichael as a mediator. These terms and conditions are entirely separate to the terms or your own Solicitors retainer and the fees of any witnesses or experts
- Payment of the Mediators fee is required in advance of the mediation.
- Interest on unpaid fees and expenses will be charged at 7% per annum until payment.
- In the event of non payment by one party, the mediator reserves the right to:
3.1 Cancel the mediation on 24 hours notice
3.2 Charge both parties a cancellation fee
3.3 Return the balance to the paying party. - It is the responsibility of the parties to ensure that adequate facilities are pre booked, this will normally be three rooms, one larger than the others, and to provide such additional equipment as the mediator will request.
- The mediator reserves the right to terminate the mediation at any time, if it becomes apparent that the matter under mediation amounts to an illegal contract, or is in any way tainted with criminality. The mediator has an absolute obligation under The Proceeds Of Crime Act 2002 to report to the National Crime Intelligence Service any knowledge or suspicion relating to the proceeds of crime and is precluded by law of informing the parties of his or her intention of doing so.
- No tape recording of the process will be permitted under any circumstances.
- The mediator cannot be called to give evidence as to what occurred at a mediation.
- All parties agree that the process is confidential and that no party will use in evidence any information or documents gained in the mediation process.
- Once an agreement is reached, it will become binding only when reduced to writing and signed by or on behalf of the parties.
- It is the responsibility of the parties, or their legal advisors, to ensure that the mediation agreement contains all the terms agreed between the parties and is enforceable as they wish. The mediator has no responsibility in relation to the same notwithstanding that the mediator may have made any suggestions or comment thereon designed to help the parties achieve their embedive.
- The parties agree that the person, or persons, representing them at the mediation are able to bind the parties and have full authority of the disputing parties to settle all and any claims made.
- Not later than 48 hours prior to the mediation the parties shall exchange and submit to the mediator, mediation statements and a bundle of all documents that they may wish to refer the mediator to during the course of the mediation.
- The mediator may speak to one or other parties prior to the mediation meeting. All such conversations shall be confidential.