Terms & Conditions
Terms and Conditions / Agreement to Mediate
The Parties: This agreement is between (1) the business providing goods and/or services subject to a complaint, (2) the consumer who purchased these goods and/or services, and Wensum Mediation.
Wensum Mediation: A trading name of Mediate Property Ltd, Wensum Mediation is an ADR Entity providing mediation/alternative dispute resolution (ADR) services. The parties agree to the following terms and conditions for these services.
1. Appointment: The Parties appoint Wensum Mediation to arrange mediation as described below. The mediation ("the Mediation") will be conducted by telephone, email, and/or video conferencing for up to 1 hour, following the Mediation Procedure outlined in the Guidance Documents.
2. Complaint Form: Upon receiving a completed Complaint Form from the Consumer, Wensum Mediation will decide if the Dispute qualifies for mediation under the Mediation Procedure. This decision is final.
3. Mediator Allocation: If the Dispute qualifies, Wensum Mediation will assign a Mediator from its panel to follow the Mediation Procedure and mediate the Dispute.
4. Mediation Duration: The mediation process will not exceed 28 days from the receipt of the Complaint Form, with a maximum duration of 90 days unless otherwise agreed.
5. Case Summary: At the conclusion of the mediation, the Mediator may produce a confidential case summary/summary of positions document if requested, which can be used in subsequent Court proceedings regarding legal costs.
6. Procedures and Code: The Mediation will follow the European Mediation Procedure of the International Institute for Conflict Prevention & Resolution (CPR) and the European Code of Conduct for Mediators. In case of conflict, the Code prevails.
Confidentiality:
8. Confidentiality Agreement: The Mediation and the entire Mediation Procedure are confidential.
9. Without Prejudice: All aspects of the mediation process, including the Complaint Form and Response Form, are "without prejudice" unless a settlement is reached and documented.
10. Disclosure Restrictions: The Parties and Mediator cannot disclose any mediation-related information unless agreed in writing, required by law, to prevent significant harm, or to avoid criminal proceedings.
11. Post-Mediation Confidentiality: Whether the settlement terms remain confidential after mediation is for the Parties to agree.
12. Litigation Disclosure: The Parties may inform the court of the mediation's timing and status for litigation management purposes.
13. Mediator Testimony: No party will require the Mediator or Company to testify about the Mediation in subsequent litigation.
14. Mediator Liability: The Mediator and Company are not liable for any actions or omissions during the Mediation, except in cases of wilful misconduct or gross negligence. Liability is capped at £1 million.
Conflicts of Interest:
15. Disclosure of Relationships: The Mediator has disclosed all relevant relationships and interests that could affect impartiality. The Parties and their lawyers have similarly disclosed any such relationships.
16. Ongoing Disclosure: Disclosure obligations continue until the Mediation concludes.
The Mediation:
17. Facilitative Mediation: The Mediator will facilitate the resolution of the Dispute without providing legal advice or determining the outcome.
19. Mediation Extension: The Parties may extend the Mediation Procedure upon payment of an additional fee.
20. Legal Advice: Parties will rely on their own representatives or legal advisors for legal advice.
21. Mediation Termination: The Mediator may terminate the Mediation due to conflicts of interest or other valid reasons.
22. Settlement Documentation: A settlement is only valid if written and signed by the Parties or confirmed via email unless a signed agreement is requested.
Remuneration:
23. Fees: The Parties will pay the Company for the Mediator’s services according to the Fees listed on the Wensum Mediation website.
24. Legal Costs: Each party is responsible for its own legal costs unless agreed otherwise in a Settlement Agreement.
Proceeds of Crime Act 2002:
25. Disclosures: The Parties confirm that they have made necessary disclosures relevant to the Proceeds of Crime Act 2002 and will indemnify the Mediator against any non-disclosure consequences.
Governing Law and Jurisdiction:
26. Jurisdiction: This agreement is governed by the laws of England and Wales.
Cancellation Terms:
27. Voluntary Process: The mediation process is voluntary and can be terminated at any stage. Wensum Mediation will retain any paid fees to cover the time spent handling the complaint.
28. 14-Day Cancellation Right: The contract can be cancelled within 14 days without giving any reason or incurring liability unless work has commenced at the consumer’s request.
29. Effects of Cancellation: Upon cancellation, payments will be reimbursed within 14 days using the original payment method. If services were requested during the cancellation period, a proportional fee will be charged for the performed services.