Terms and Conditions

These terms govern the mediation services provided by Joël GINIES trading as Cheshire Mediation ("the Mediator", "we", "us") to clients ("you", "the parties"). Please read them carefully before engaging our services.

1. Our services

Cheshire Mediation provides professional mediation services in two areas: workplace mediation (disputes arising from employment relationships, including management conflicts, team breakdowns, restructures, and grievances) and interpersonal and community mediation (neighbourhood disputes, interpersonal conflicts, and relationship breakdown between individuals outside a formal employment context).

Mediation is a voluntary, confidential, and impartial process. The Mediator facilitates structured dialogue between parties. The Mediator does not make decisions, impose outcomes, or provide legal advice.

2. The mediation process

Initial consultation: Before mediation begins, the Mediator will conduct a separate consultation with each party to explain the process, answer questions, and confirm that mediation is appropriate.

Voluntary participation: Mediation is entirely voluntary. Any party may withdraw at any time without penalty, provided they give reasonable notice to the Mediator. Withdrawal does not affect any legal rights.

Joint sessions: Where both parties agree to proceed, a joint mediation session will be arranged. Sessions typically last between two and four hours, depending on the complexity of the dispute.

Agreements: Any agreement reached during mediation is reached voluntarily by the parties themselves. Mediated agreements are not automatically legally binding. If you wish to make a settlement agreement legally enforceable, you should seek independent legal advice.

3. Fees and payment

Fees: Our current fee schedule is available on request. Fees are quoted per session and include preparation, the mediation session itself, and a written summary of any agreed outcomes. For workplace mediation commissioned by an employer, fees are agreed in advance and invoiced to the commissioning organisation.

Payment terms: Payment is due within 14 days of invoice. We accept payment by bank transfer. Details will be provided on your invoice.

Shared costs: In interpersonal mediation where both parties are funding the process directly, costs are typically shared equally unless otherwise agreed in writing.

4. Cancellation and rescheduling

Cancellation by you: If you need to cancel or reschedule a session, please give us at least 48 hours' notice. Cancellations made with less than 48 hours' notice may be charged at 50% of the session fee. Cancellations made on the day may be charged in full.

Cancellation by us: We reserve the right to cancel or reschedule a session in exceptional circumstances such as illness. In such cases, no fee will be charged for the cancelled session and we will offer the earliest available alternative date.

Statutory right to cancel: Where you are an individual client booking mediation services at a distance, for example online, by email or by telephone, you have a statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel within 14 days of entering into the contract, before the service begins, and receive a full refund. This right does not apply to business clients commissioning workplace mediation. If you wish mediation to begin within that 14 day period, please confirm this in writing and acknowledge that, by requesting the service to start early, you agree to waive your right to cancel once the service has been fully performed.

5. Confidentiality

Without prejudice: All communications during the mediation process, including pre-mediation consultations, joint sessions, and any written materials produced for the purpose of mediation, are confidential and without prejudice. They may not be disclosed to any third party or used as evidence in any legal proceedings without the written consent of all parties.

Mediator confidentiality: The Mediator will not disclose to the other party anything shared in a private consultation unless you give explicit permission to do so.

Mediator as witness: The Mediator will not act as a witness, expert, or adviser in any legal proceedings arising from or related to the dispute. This obligation continues after the mediation concludes.

Exceptions: Confidentiality does not apply where disclosure is required by law, where there is a genuine risk to the safety of any person, or where all parties consent in writing to the disclosure.

Data protection: Personal data collected during the mediation process will be handled in accordance with our Privacy Policy and UK GDPR. See cheshiremediation.co.uk/privacy for full details.

6. Our role and limitations

Impartiality: The Mediator maintains strict impartiality throughout the process. We do not take sides, advocate for any party, or express a view on the merits of either party's position.

No legal advice: Nothing said or written by the Mediator constitutes legal advice. You are encouraged to seek independent legal advice before, during, or after the mediation process if you have concerns about your legal rights or obligations.

No guarantee of outcome: We cannot guarantee that mediation will result in a resolution. The outcome depends entirely on the willingness and good faith of the parties involved.

7. Our liability

Limitation: To the fullest extent permitted by law, the Mediator's liability to you in connection with the mediation services is limited to the total fees paid by you for the specific session or sessions giving rise to the claim. Nothing in these terms limits or excludes liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Exclusions: We are not liable for any failure to reach agreement, loss of earnings or business arising from participation in mediation or its outcome, or any indirect or consequential loss.

Professional indemnity: The Mediator holds professional indemnity insurance appropriate to the services provided.

8. Suitability for mediation

We reserve the right to decline or discontinue mediation where, in the Mediator's professional judgement, the process is not appropriate. This includes situations involving a significant power imbalance, active safeguarding concerns, or circumstances where one or more parties are unable to participate meaningfully.

9. Governing law

These terms are governed by the law of England and Wales. Any dispute arising from them is subject to the exclusive jurisdiction of the courts of England and Wales.

10. Changes to these terms

We may update these terms from time to time. The current version is always available at cheshiremediation.co.uk/terms. The version in force at the time your mediation session is booked applies to that engagement.

11. Contact

Joël GINIES trading as Cheshire Mediation

Northwich, Cheshire

hello@cheshiremediation.co.uk

cheshiremediation.co.uk