Covid 19 mediation policy and remote mediations policy
Mediation is a voluntary and confidential process that allows parties to communicate the difficulties they have been experiencing to one another in a constructive space.It is a self-determined process, meaning that the parties decide the outcome and the best way to resolve the issues. The parties also decide who the mediator will be and whether it will be conducted in person or online. It is also important to note that the parties are entitled to seek independent legal advice at any time during the mediation.
Specialisms
Clearwater Mediation offers specialist mediation services pertaining to disputes within the commercial and civil remit. These include but are not limited to:
- Employment and workplace disputes
- Vendor/purchaser disputes
- Land boundary disputes
- Neighbour disputes
- Nuisance disputes
- Community disputes
The Mediators Role
The role of the mediator is to facilitate a constructive space for the parties to communicate while remaining unbiased and impartial throughout. The mediator is not the decision-maker but simply present to ensure a constructive dialogue between the parties.
Is Mediation Legally Binding?
The default position of a mediation settlement is that it is legally binding unless expressly stated otherwise.
Mediation Act 2017, Section 11 sets out that:
a mediation settlement shall have effect as a contract between the parties to the settlement except where it is expressly stated to have no legal force until it is incorporated into a formal legal agreement or contract to be signed by the parties.’
Prior to coming to mediate, an agreement to mediate must be signed by all parties, which indicates the party’s consent to the mediation and the ground rules surrounding the same.
The Mediation Act 2017, Section 7 (agreement to mediate) sets out eight key elements which an agreement to mediate must include, which are as follows:
- The manner in which the mediation is to be conducted
- The manner in which the fee and cost of the mediation will be paid
- The time and place at which the mediation is to be conducted
- The fact that the mediation is to be conducted in a confidential manner
- The right of each of the parties to seek legal advice
- Subject to Section 6.6, the manner in which the mediation may be terminated
- Such other terms (if any) as may be agreed between the parties and the mediator
- The right to withdraw from mediation at any time
On reaching a settlement, an agreement will be drafted to include all agreed-upon terms and reflect the party’s preference for its legal or non-legally binding nature.
