Please read our Terms and Conditions and submit your mediation request bellow
On agreeing to mediation we accept the following terms and conditions:
1. The mediator.
The parties agree to the appointment of a mediator by Resolve which is a trading name CBC International.
The parties understand that the mediator is independent and neutral.
The parties also understand that the role of the mediator is to facilitate settlement of the dispute by negotiation and agreement where it is possible. The mediator does not give legal advice and will not adjudicate the dispute.
The Mediator may ask the parties to consent to a co-mediator or observer to be present on the telephone line. This request will usually be made for training purposes.
The parties agree that they will respect the neutrality of the mediator, any professional body to which the mediator may belong and Resolve, and not bring any claim, demands or proceedings against any or all of these, arising out of the appointment of the mediator or the conduct of the mediation.
Each party agrees to the fees outlined by Resolve prior to embarking on telephone mediation. These costs are published on our information leaflet that both parties will receive prior to the telephone mediation appointment. All terms and conditions outlined on this publication form as part of the ‘Agreement to Mediate’ and the terms contained therein are enforceable in the Courts of England and Wales.
3. Good faith and authorisation to negotiate.
Whilst it is recognised that mediation is a voluntary process, and that the mediator will not, and cannot, compel the parties to settle, nor even to continue the mediation, the parties agree to participate in good faith with the aim of achieving settlement. Please be reminded that for mediation to be successful there needs to be a degree of flexibility in both party’s positions and willingness to listen to each other’s positions and views. The parties agree that they will ensure that the individual taking part in the mediation process has authority to agree settlement terms.
4. Prior to mediation.
The parties must provide the mediator with a brief opening statement to outline the basis of their dispute. This will enable the mediator to have a better understanding of the case. We request that this opening statement is presented to the mediator by post, fax or email no later than 7 days prior to the mediation appointment.
5. Private sessions.
During the mediation the mediator will telephone the instructing party and discuss the case with them first and go through their opening statement. The mediator will then contact the opposing party to conduct the same exercise.
Both disputing parties do not need to correspond and all messages can be passed through the mediator. Information given to the mediator during private talks will be treated as being confidential unless the party involved gives permission to the mediator to give the information to the other party.
6. Confidentiality and without prejudice nature of mediation.
Any information, whether written in a document prepared for mediation, or written or spoken during the mediation, can only be used for the purposed of the mediation and cannot be referred to in any court action unless the parties agree.
The parties agree that they will not call the mediator to give evidence in any court action. The terms of the memorandum of agreement will remain confidential.
7. Ending the mediation.
The mediator or either of the parties may end the mediation at any time without giving a reason. Should either party wish to exercise this right, they are required to inform the mediator immediately.
8. Memorandum of Terms.
If the parties reach a settlement the mediator will produce wording to reflect the terms they have agreed which both parties will be sent by email. The terms will be acknowledged by each party, and these emails exchanged as their record of agreement.