TERMS AND CONDITIONS OF USE
Welcome to the website of ZFixter Mediation. By accessing our site, you agree to these Terms and Conditions of Use and are bound by all applicable laws and regulations.
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If, for any reason, we believe that our Terms and Conditions have not been upheld, we reserve the right to suspend or terminate access to our website without prior notice or liability.
I follow the EU Model Code of Conduct for Mediators.
1. The Mediator shall:
a. Carry out the requisite pre-work to ensure they are informed of the circumstances prior to the mediation;
b. decide the most appropriate procedure and chair the Mediation;
c. facilitate the drawing up of any settlement agreement reached at the conclusion of the Mediation.
2. The Mediator will not act on behalf of either party related to the dispute.
3. The Mediator will not offer any legal advice during the mediation and no comments made by the Mediator should be interpreted as legal advice.
4. The Parties will ensure a representative that has full authority to settle the Dispute is present or available on the day of the Mediation.
5. The Parties will follow any directions made by the Mediator before and during the Mediation.
6. The Parties will sign the Agreement to Mediate prior to the Mediation.
7. The Parties will submit the documents requested by the Mediator prior to the Mediation.
8. The Mediation shall take place at the agreed venue (or online if agreed) on the agreed date of the Mediation. The Mediation shall take place for one day (or alternatively agreed time) unless terminated by the Mediator or the Parties.
9. No recordings or transcripts of the Mediation will be made unless the Parties are made aware and consent is given by the Parties.
10. Should the Parties reach an agreement, the Mediator may, if all parties agree, produce a non-binding recommendation for a settlement agreement. The Mediator may deny this request. This is not to be considered legal advice or an opinion of the Mediator.
11. Any Party may withdraw from the Mediation at any time.
12. The Mediation shall be without prejudice and the Parties will keep the following entirely confidential and not disclose the following to any person outside of the Mediation:
a. that the Mediation took place or is to take place;
b. any information or documentation acquired during the course of the Mediation;
13. The following exceptions apply to paragraph 12:
a. should proceedings be stayed for the purposes of mediation the relevant court or tribunal will have knowledge of the existence of the mediation;
b. any court or tribunal having sight and knowledge of documentation that would have been disclosable in the proceedings;
c. the Parties to the proceedings needing to enforce the terms of the settlement agreement before a court or tribunal;
d. the Mediator or the Parties need to make a disclosure required by law;
e. the Mediator or the Parties need to make a disclosure to the appropriate authority if they reasonably consider they may be exposed to the real risk of any criminal penalty or serious risk of harm;
f. the Parties may make a disclosure for the purposes of obtaining medical, legal, or professional advice if the individual or organisation is bound by a confidentiality obligation.
14. The Parties shall not call the Mediator as a witness, consultant or expert in any litigation connected with the Dispute.
15. The Mediator will appropriately dispose of any documentation received in connection with the Mediation.
Fees and Expenses:
16. ZFixter Mediation's fees will be the published rates found on their website, unless otherwise agreed.
17. The Parties shall pay the Mediation Fee by the agreed date but not later than 15:00 on the working day prior to the Mediation.
18. Each Party shall be liable for their own costs and expenses for attending the Mediation. The venue fee shall be split equally between the Parties unless otherwise agreed. Any charges incurred at the venue shall be the responsibility of the Party that incurs them.
19. A full reimbursement of the Mediation Fee will be made if the Mediation is cancelled 7 days prior to the Mediation. If a cancellation is made within 7 days of the Mediation, 25% of the fee will be retained by the Mediator. Venue costs will need to be covered by the Party in the event of cancellation (subject to a refund not being obtained from the venue supplier).
20. Nothing in these terms or conditions shall interfere with the court's ability to make any order as to costs for the responsibility of the Parties to pay any fees in connection with the Mediation.
21. The Parties can attend the Mediation with their legal advisors but shall not have anyone in attendance without first signing the Agreement to Mediate.
22. The Agreement to Mediate must be signed and returned to ZFixter Mediation before 15:00 the working day prior to the Mediation.
Exclusion of Liability:
23. The Mediator or ZFixter Mediation will not be liable to the Parties for any act or omission which results in loss unless said act or omission was in bad faith.
24. Loss is non-exhaustively defined as any loss of; income, business, profits, contracts, savings, data.
25. These terms shall be read in accordance with the law of England and Wales and the parties accept the non-exclusive jurisdiction of the courts of England and Wales.