Without prejudice this document does not form a legal contract and is not intended to do so

Appointment of the Mediator

1. Conflict Resolution Team (CRT) appoints the Mediator.

2. The Mediator accepts the appointment to mediate the Disputes (the Mediation) in accordance with the terms of this agreement.

3. The organisation purchasing Mediation (the Commissioning Organisation) will be liable to Conflict Resolution Team for the Mediator's fees and all the other costs of the Mediation, as described in CRT’s Terms and Conditions of Business.

4. If the Mediation does not result in a resolution of the Disputes, the Commissioning Organisation will be liable for the costs of the Mediation.

Role of the Mediator

5. The Mediator will be impartial. The Mediator will help the Parties in dispute (the Parties) identify issues, develop and explore options for resolution of these issues and, if possible, achieve resolution of the Disputes by agreement or understanding between the Parties.

6. The Mediator makes no representation that any such agreement between the Parties will equate with any result which might be achieved by a contested trial of the Disputes or any part of them.

7. The Mediator will not make decisions for or impose a solution on the Parties.

8. The Mediator acknowledges that, prior to commencement of the Mediation, the Mediator has disclosed to the Parties any prior dealings that the Mediator has had with any of the Parties and any interest that the Mediator has in the Disputes.

9. If in the course of the Mediation the Mediator becomes aware of any circumstances that might reasonably be considered to affect the Mediator's capacity to act impartially the Mediator will immediately inform the Parties. The Parties will then decide whether the Mediation will continue with that Mediator, or with a new Mediator appointed by the Parties. In the absence of agreement by the Parties, CRT will appoint the new Mediator.

Co-operation

10. Each Party must use its best endeavours to comply with reasonable requests made by the Mediator to promote the efficient and expeditious resolution of the Disputes. If either Party does not do so, the Mediator may terminate the Mediation.

Authority & Representation

11. A Party, or any person representing that Party in Mediation, must have knowledge of the relevant issues and have the authority to settle or resolve the Disputes.

12. If any Party has any limitation on their authority to settle or resolve the Disputes, this must be disclosed to the Mediator before the commencement of the Mediation.

13. A Party wishing to involve additional persons in the Mediation shall discuss this with the Mediator. Witnesses and expert witnesses are not generally required to attend Mediation. Mediation is not a process of determination and does not rely on the weight of evidence and testimony of witnesses.

Conduct of the Mediation

14. The Mediator shall conduct the Mediation, including all preliminary steps, as s/he considers appropriate having due regard to the nature and circumstances of the Disputes, the agreed goal of an efficient and expeditious resolution of the Disputes and the view of each Party as to the conduct of the Mediation.

15. The Mediator may give directions as to:

(a) providing the Mediator prior to the Mediation with brief written outlines of the issues raised by the Disputes and any supporting documents which are relevant to those issues;

(b) any further information or documents that the Mediator may request following perusal of the outlines and supporting documents;

(c) preliminary conferences, by phone or meeting.

Communication between the Mediator and a Party

16. The Mediator may meet and communicate as frequently as the Mediator deems appropriate with the Parties together or with a Party alone.

17. The Mediator may communicate with a Party or the Parties orally and/or in writing.

18. Anything said or done by any person in the Mediation is said or done without prejudice and no Party shall be entitled to call evidence of anything said or done by any person in the Mediation, except as the Parties may otherwise agree in writing.

Confidential Information

19. Information, whether oral or written, disclosed to the Mediator in private will be treated as confidential by the Mediator unless:

(a) the Party making the disclosure states otherwise;

(b) the law imposes an obligation of disclosure; or

(c) the Mediator believes that the life or safety of any person is or may be at serious risk.

20. Except in circumstances involving risk or legal obligation, the Mediator is not obliged to disclose information provided by a Party. The Mediator will use his or her discretion to decide whether to disclose information.

21. The Parties and the Mediator agree in relation to all confidential information disclosed to them during the Mediation, including the preliminary steps:

(a) to keep that information confidential;

(b) not to disclose that information except to a Party or a representative of that Party participating in the Mediation or if compelled by law to do so; and

(c) not to use that information for a purpose other than the Mediation.

Each Party and / or their representative in signing this Agreement is deemed to be agreeing to this provision on behalf of the Party and all other persons present on behalf of that Party in the Mediation.

Privilege

22. The Parties and the Mediator agree that, subject to Clauses 19 – 21 inclusive, all documents or statements produced, used or made in the Mediation, will be privileged and will not be disclosed in or relied upon or be the subject of a summons to give evidence or to produce documents in any arbitral or judicial proceeding in respect of the Disputes.

Subsequent Proceedings

23. No Party will summons the Mediator to give evidence or to produce documents in any arbitral or judicial proceeding in respect of the Disputes.

Termination

24. If a Party does not wish to continue the Mediation, the Mediator must terminate the Mediation in so far as it relates to that Party and may terminate the Mediation as regards all the Parties.

25. The Mediator may terminate the Mediation if:

(a) after consultation with the Parties, the Mediator feels unable to assist the Parties to achieve resolution of the Disputes;

(b) the Mediator receives, from a source outside the Mediation, confidential information relevant to the Disputes or any Party;

(c) the Mediator receives confidential information relevant to a Party during the Mediation;

(d) the Mediator considers it appropriate for any other reason, which the Mediator may decline to give to the Parties.

26. The Mediation will be terminated upon resolution of the disputes.

27. Termination of the Mediation does not terminate the operation of Clauses 16-27.

Indemnity and Exclusion of Liability

28. The Mediator will not be liable to a Party, except in the case of fraud by the Mediator, for any act or omission (whether negligent or misleading or otherwise) in the performance or purported performance of the Mediator's obligations under this Agreement.

29. The Parties together and separately indemnify the Mediator against all claims, except in the case of fraud by the Mediator, arising out of or in any way connected with any act or omission by the Mediator in the performance or purported performance of the Mediator's obligations under this Agreement.

Reference Number (office use only) …………….

Agreement to Mediate between …………………………………………………………………...

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DESCRIPTION OF THE DISPUTES (Insert brief description)

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~ Disputes have arisen between the Parties ("the Disputes") as briefly described above.

~ The Parties have requested the Mediator, and the Mediator has agreed, on the terms and conditions of this agreement to assist the parties to resolve, if possible, the Disputes.

~ The Parties understand that entering into Mediation does not guarantee a mediated outcome and does not obviate their rights to engage in other processes or rights in law.

~ The Parties undertake to make their best efforts to resolve the Dispute.

~ By introducing CRT to the Parties with the Parties’ consent the Commissioning Agent accepts the terms and conditions of this agreement and accepts and agrees to comply with ‘Conflict Resolution Team’s Terms & Conditions of Business’.

~ The Party has read and accepts and understands the terms and conditions of Conflict Resolution Team’s Agreement to Mediate.

Commissioning AgentDate

Signed Phone No.

Print Name email

Party to the DisputeDate

Signed Phone No.

Print Name email

Party to the DisputeDate

Signed Phone No.

Print Name email

Party to the DisputeDate

Signed Phone No.

Print Name email

Party to the DisputeDate

Signed Phone No.

Print Name email

Conflict Resolution Team

Signed Date

Print Name Phone No.

Please return to:

Conflict Resolution Team PO Box 648, Swansea SA1 9LE 01792 204050

Email:

The Mediation Process

The Mediation Process has 3 stages:

  1. Initial Consultation - to help the organisation and the people in dispute to make an informed choice about mediation
  2. Introductory Contact & Assessment Session - a private session with each Party conducted in person or by phone
  3. Mediation - the Parties work on the issues together with help from the Mediator.
  1. Initial Consultation
  • An organisation contacts Conflict Resolution Team (CRT) to talk about a dispute or conflict. This may be between people who work in the organisation, between people using or receiving a service from the organisation or between the organisation and a member of the public.
  • We listen to the organisation’s view of the situation in confidence. We assess the situation, talk to them about mediation and advise if we think mediation can help.

If the organisation wants to offer mediation to the people in dispute:

  • The organisation passes on our Agreement to Mediate to the people in dispute.
  • The Parties sign and complete the 'Agreement to Mediate' and return it to the organisation, keeping a copy for themselves.
  • The organisation completes & returns the 'Agreement to Mediate' to CRT, keeping a copy for themselves.

or

  • The Parties read and sign the Agreement to Mediate during the Assessment Session or before Mediation, keeping a copy for themselves.

2a. Introductory Contact with each Party in the dispute:

The Mediator contacts the Party to introduce himself or herself, arrange a date & time for an Assessment Session and, where appropriate, arrange a date & time for Mediation.

2b. Assessment Session with each Party in the dispute:

Each Party to the dispute has their own separate, confidential session with the Mediator. This can take place over the phone or in person, lasting approximately one hour.

In the Assessment Session the Mediator will:

  • explain mediation principles of impartiality, independence, consent and confidentiality within the limits of the law
  • listen to the Party’s view of the situation
  • encourage the Party to be open about what has happened, how they feel about the situation, what they would like to resolve and different ways to achieve this
  • check that they understand the Party’s view of the situation
  • clarify the important points and issues
  • explain how mediation works
  • check that the Party understands the Agreement to Mediate'
  • confirm that the Party wants to use mediation
  • confirm who the Party wants to mediate with
  • confirm the issues the Party wants to bring to mediation.

3. Mediation

The mediation will be held at an agreed or neutral venue. Each mediation session can take

between 2 and 4 hours but timing and duration will be agreed with the Parties. Before the mediation the Mediator will notify the Parties of the time, date & venue of the mediation.

The Mediation may include separate and joint sessions that

  • bring people together to talk about the issues in dispute
  • help people talk and listen
  • help people identify the issues and think of different ways to resolve them
  • promote understanding and agreement and work to re-build relationships
  • help people work on the issues they share & the communication between them.

The Mediation has four stages:

3a. Setting the scene & hearing the issues

Parties agree conduct that will help the mediation work. Each Party has a short uninterrupted time to outline their issues. Parties agree a list of issues to work on.

3b. Exploring the issues

The Parties discuss the issues with each other. This is an opportunity to hear directly from one another, to ask questions, share information and to give explanations. This helps to gain a better understanding of each other’s view of the situation.

3c. Building understanding & agreement

The Parties work on the issues to deepen understanding, recognise differences and move forward. This is an opportunity to develop ideas and think about different ways of resolving the issues. The Mediator draws points of understanding and agreement together. The Mediator helps the Parties check that any progress made is realistic and meets the Parties’ interests.

3d. Closure

This looks at what happens after the mediation and includes an evaluation of the mediation and agreeing follow up arrangements.

Conflict Resolution Team Agreement to Mediate Page 1 of 6