[1] These Mediation Terms and Conditions form Schedule 1 of the Mediation Agreement. They are also available at https://www.resolvedonline.com/terms-of-business/.
[2] These Mediation Terms and Conditions must be read in conjunction with the Mediation Agreement that has been emailed to the Parties and are incorporated into the Mediation Agreement. If there is any conflict between these Mediation Terms and Conditions and the Mediation Agreement, the latter shall prevail.
[3] The Mediation Fee, which is exclusive of VAT, is as follows:
Scheduled Period (“the Deposit Sum”)
a. Up to four hours (half day): £500;
b. Up to eight hours (full day): £800;
After the Scheduled Period (“the Additional Sum”)
c. £150 for each hour (or part thereof) that the Mediator exceeds the Scheduled Period up to 12 midnight; and
d. £300 for each hour (or part thereof) after 12 midnight.
[4] A quotation for the requested Scheduled Period will be provided in any case.
[5] The Mediation will continue beyond the Scheduled Period only if the Parties expressly agree in writing before or during the Scheduled Period that the Mediation can continue.
[6] The Parties agree to split the Mediation Fee equally, unless the Parties otherwise agree.
[7] The Parties shall pay the Deposit Sum invoice within seven working days of issue by electronic bank transfer to the account shown on the invoice, in default of which, the Parties agree that the Mediation will be cancelled.
[8] The Parties shall pay the Additional Sum invoice within seven working days of issue by electronic bank transfer to the account shown on the invoice.
[9] Interest at the rate of three per cent above the base rate of the Bank of England is payable on an invoice that is due and has not been paid.
[10] If a Party is legally represented, the legal representative is liable for the Mediation Fee in the same way that they are liable for disbursements incurred in the course of litigation.
[11] The Mediation Fee will be refunded in full if the Mediation is cancelled at least seven working days before the date of the Mediation. For the avoidance of doubt, the Mediation Fee is payable if the Mediation is cancelled less than seven working days before the date of the Mediation.
[12] The Mediator’s preparation time, travel and subsistence expenses are included in the Mediation Fee.
[13] For face-to-face mediations, venue hire and catering will be agreed, arranged and paid for by the Parties. For the avoidance of doubt, the Mediation Fee does not include venue hire or catering.
[14] For online mediations, the conferencing software telephone will be agreed, arranged and paid for by the Parties. For the avoidance of doubt, the Mediation Fee does not include conferencing software.
[15] For telephone mediation, the Parties will bear the cost of their own telephone calls and the Mediator will bear the cost of his telephone calls. For the avoidance of doubt, the Mediation Fee does not include the cost of the Parties’ telephone calls.
[16] All complaints will be acknowledged in writing within five working days of receipt.
[17] All complaints will be investigated and responded to within 21 working days of receipt.
[18] On occasions, further time may be required, in which case the complainant will be notified in writing.
[19] If the response is not accepted, the complainant can appeal to the Civil Mediation Council on certain grounds. Details of the Civil Mediation Council’s appeal processes can be found at https://civilmediation.org/for-the-public/complaints/.