TERMS AND CONDITIONS
These
Terms and Conditions apply to the provision of Mediation Services and/or
Conflict Resolution Skills Training as detailed in the correspondence by way of
emails and/or letters from Same Page Mediation Ltd (“SP”) to the Parties and/or
their representatives under which SP agrees to perform the Mediation and/or
Conflict Resolution Skills Training (“Services”) and to which these Terms and
Conditions are attached (“the Correspondence”).
The
Parties are deemed to have accepted these Terms and Conditions on acceptance of
SP’s Services or from the date of any performance of the Services, whichever
happens earlier.
These
Terms and Conditions, the Agreement to Mediate, and the Correspondence are the
entire agreement (“the Agreement”).
1. APPLICATION
1.1. The
Terms and Conditions form part of the Agreement and shall prevail over any
terms and conditions (whether or not inconsistent with these terms and conditions)
contained in or referred to in any correspondence, order, purchase order or
other documentation submitted by the Parties or elsewhere or implied by custom,
practice or in the course of dealing.
2. SERVICES
TO BE PROVIDED BY SP
2.1. The Mediation shall be held and
conducted according to the Agreement to Mediate. 2.2. SP shall reasonably
endeavour to provide the Services at the premises or via online video and at
the dates and times specified in the Correspondence and/or Agreement to Mediate.
2.3. SP shall not be obliged to
commence the Services until all (if any) materials and information are provided
by the Parties as specified by SP to SP’s satisfaction.
2.4. SP makes no warranty and sets no
expectation that the performance of the Services will lead to any particular
result or conclusion.
2.5. The Services provided by SP will
be performed on a non-exclusive basis.
2.6. The parties shall reasonably
endeavour to respond promptly to any request for guidance or information
reasonably required by SP to enable it to perform its Services.
3. PRICE
AND PAYMENT
3.1. In consideration of SP carrying
out the Services set out in the Correspondence, the Parties agree to pay the
Price and other such costs and other expenses as are set out in the
Correspondence and/ or Agreement to Mediate or if not set out in those documents,
then as published in the fees section of SP website at samepagemediation.co.uk.
3.2. The Parties will make all
payments without deduction or set-off except as required by law.
3.3. The Parties shall pay all sums
due in respect of any invoice within the time stipulated on that invoice.
3.4. All sums due to SP which are not
paid by the due date (without prejudice to SP’s other rights under the
Agreement) bear interest from day to day at the annual rate of 5% over the base
rate from time to time of Barclays Bank PLC.
4. CANCELLATION
4.1. Where a cancellation is made by
either of the Parties after the mediation date has been agreed, but more than
14 days ahead of that date, there is no cancellation charge. 4.2. Where a
cancellation is made by either of the Parties after the mediation date has been
agreed, within 14 days ahead of that date, 50% of the agreed fee will be
payable. 4.3. Where a cancellation is made by either of the Parties after the
mediation date has been agreed, within 48 hours of that date, the full agreed
fee will be payable.
4.4. All agreed expenses incurred by SP will be payable in full.
5. CONFIDENTIALITY
5.1. SP, the mediator, parties, and
anyone involved in the mediation shall maintain and respect the confidentiality
of any and all information connected with the mediation as stipulated in the
Agreement to Mediate. The Parties will voluntarily sign the Agreement to
Mediate prior to the start of the Services.
5.2 SP, the mediator and anyone
affiliated with the provision of mediation services will not keep and will
promptly destroy any notes, records, evidence, or other reference material
including electronic records related to the mediation with the exception of
documentation related to the Agreement.
6. LIABILITY
6.1 SP shall use reasonable care and
skill in carrying out the Services under the Agreement.
6.2. To the maximum extent possible,
all conditions and warranties on the part of SP which would otherwise be
implied by statute, regulation or common law into the Agreement are excluded.
6.3. Without prejudice to any other
limitation or exclusion of liability under the Agreement, the total liability
of SP to the Parties in respect of any one event or series of connected events,
shall not exceed the Price payable by the Parties to SP.
6.3.1. SP shall not in any
circumstances be liable to the Parties, whether arising from tort, breach of
statutory duty, breach of contract, any form of misrepresentation or otherwise
for loss of profits (direct or indirect), loss of business or loss of
anticipated savings or any special, indirect, consequential, or pure economic
loss, costs, damages, charges, or expenses.
6.4. Where the Services are delivered
at one of the Parties’ premises, the Parties shall ensure the safety of any EMS
personnel while at the Party’s premises.
7. THE
MEDIATOR
7.1. The Mediator shall throughout
the mediation act as an independent impartial neutral facilitator and will not
seek to adjudicate, arbitrate, furnish advice, or impose a decision or solution
in respect of any of the issues, save by agreement with the parties.
7.2. The Mediator shall not be liable
to any party for any act or omission in connection with the conduct of the
mediation, save for any willful misconduct.
7.3. The Mediator shall not be called
as a witness or as an expert in any pending or subsequent litigation or
arbitration relating to the dispute or subject matter of the mediation, save
where the Mediator and all parties agree in writing.
7.4. The Mediator hereby confirms
that all known financial and/or other interests, all social, business,
professional relationships with any party and/or their representatives, or any
facts or circumstances which may create doubt as to the impartiality of the
Mediator, have been disclosed to the parties in writing. The Mediator shall
immediately disclose any said interests, relationships or circumstances that
become apparent hereafter.
7.5. The Mediator shall be entitled
to appoint an Assistant Mediator of her own choice at no further cost to the
parties. The Mediator shall be entitled to conduct the mediation process at her
discretion, including the structure of the process, the attendance of
participants, the agreeing of a timetable for the exchange of any relevant
information or documentation, and the scheduling and re-scheduling of meetings
with the parties, both before and during the mediation, whether in private
caucus or with the parties jointly.
8. CONFLICT
RESOLUTION SKILLS TRAINING
8.1. Conflict
resolution skills training (Training) is provided by SP for informational
purposes only and is intended for individual and/or organizational use.
8.2. SP
does not warrant any specific outcome or certification for either in-person or online
instruction.
8.3. SP
and its representatives do not provide legal advice.