Agreement to enter Mediation
This is the agreement that we ask everybody who works with us to abide by. It provides ground rules and clarity about what mediation is and how we will work together.
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Mediation is voluntary
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1. You are choosing to take part because you want to resolve issues that are currently in dispute or improve a relationship.
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2. You have the right to end the mediation at any time.
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3. Mediators also retain the right to end mediation if we consider that it would be appropriate to do so.
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4. We will be concerned to ensure that each of you comes into the mediation process able to explore the issues without risk of threat or harm. We ask you to tell us at any time if you have concerns about safety, intimidation or the freedom to speak.
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Mediators are impartial
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5. As mediators, we are impartial, and we seek to help all participants equally. We do not make judgements or express opinions about who may be right or wrong, and we do not take sides. Participants make the decisions
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6. It follows that the choices and decisions remain yours at every stage. Whilst the mediators remain in control of the process, and seek to help you to explore proposals and arrangements in a way that meets the needs of all concerned, you are responsible for any decisions made.
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Mediation is confidential
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7. Mediation is confidential, which means that you must not share the content of any of these discussions with anyone else.
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8. The unauthorised recording of mediation on phones or other devices is not acceptable and would lead to the immediate termination of the process. In certain circumstances some recording may be acceptable, but only if discussed and agreed in advance by all parties. It is not appropriate for any party to be ‘put on the spot’ in a mediation session by being asked to agree to recording at that stage. By accepting this document, you undertake not to record any mediation meetings or any communications which are covered by the confidentiality of the mediation process.
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9. Discussions in mediation are 'without prejudice', which means they cannot be cited nor relied on in any future processes.
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10. You each agree not to call the mediator/s to give evidence in any future proceedings as a witness or in any other capacity.
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Exceptions to confidentiality
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11. Whenever an allegation is made within a mediation that someone is at risk of immediate harm we may contact the appropriate authorities with or without your permission. We will always seek your permission in these cases.
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12. Exceptionally, we may disclose personal data in connection with the alleged or established commission of an unlawful act.
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13. We are ‘processors’ of personal data for the purposes of General Data Protection Regulation. You consent to us processing your personal data for the purposes of this Agreement to Mediate (this is part of your contract with us). You understand that this includes our retaining and storing your personal data for as long as is necessary in connection with this Agreement to include a period of 12 months after the mediation concludes, in case of complaint. We may retain data for research and statistical purposes but on the understanding that if used for this purpose all identifying details will have been removed.
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14. It is usual to provide a session record or letter at the end of each session. However, you may not ask to see notes made during the session, which are a memory aid for and belong to the mediator.
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A Shared commitment
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15. We shall do our best to help you both. We ask you to show respect to each other and commitment to the mediation process and to co-operate as fully as possible in looking for solutions.
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Any form that we ask people to complete will include a section asking about accessibility preferences, but please do contact us directly if you would like to help us understand how we can improve accessibility.