Terms And Conditions

The mediator

To mediate the dispute, Webpower Publishing Mediation shall provide the mediator (the “Mediator”) chosen by the parties (“the Mediator”).

  • As a mediator, you must:
  • Mediator and Parties must agree on a mechanism for submitting papers to the Mediator or to each other prior to mediation;
  1. In this case,
  2. lead the mediation;
  3. A settlement agreement can be drawn up during the Mediation.
  • Both sides will not be represented by the mediator nor by Webpower Publishing Mediation nor by any of its employees in connection with this dispute at all.
  • No legal advice will be given to the Parties by the mediator or by Webpower Publishing Mediation, and no statements made by the mediator during the mediation should be interpreted as legal advice.

The Parties

  • Negotiators with adequate power to settle or compromise the Dispute will be sent by the Parties to the Mediation. As soon as possible, and in any event before the Mediation, the parties attending the Mediation will disclose any limitations on their authority to the Mediator.
  • Under paragraph 2 of this Agreement, each Party agrees to follow any instructions issued by the Mediator with regard to conducting and submitting any documents prior to or during the Mediation.

The Mediation

  • On the Mediation Date, the Mediator will mediate the Dispute in the location agreed upon by the Parties or online (“the Mediation”). In order for the mediation to begin, the Parties must agree on a start time and a duration of one day (unless otherwise agreed by the Parties).
  • There will be no recordings or transcripts of the Mediation.
  • Only if all parties sign a written agreement that is signed by all parties will any offer, proposition or comment made during the Mediation be enforceable.
  • A non-binding suggestion on possible settlement terms may be produced by the mediator if all parties desire it, but the mediator is under no duty to do so, even if all parties request it. Such a proposal does not constitute legal advice to the parties or an opinion as to what a court or tribunal could order, but rather sets out what the mediator believes are reasonable conditions of settlement in the given circumstances.
  • The Mediation can be terminated at any moment if either of the parties choose to leave.

Proceedings

  •  Despite the mediation, the parties are free to begin or continue legal proceedings.

Confidentiality

Only to the extent that any settlement agreement provides, any settlement agreement shall remain secret at all times:

  • In accordance with the terms of this agreement, the mediation will be secret and legally privileged and the mediator, Webpower Publishing Mediation, and both parties agree to maintain it that way and not use it for their own purposes:
  1. fact that the mediation has been scheduled or completed;
  2. There shall be no obligation on the part of the Mediator to disclose any information that he obtains during the Mediation (or as part of any contribution made under this Agreement prior to the Mediation). 

It is further agreed that any information submitted by a Party in a private session (a session in which not all of the Parties are present) will be kept secret by the Mediator and Webpower Publishing Mediation. However, nothing in this Agreement shall preclude disclosure:

  1. Mediation can be disclosed to any court or tribunal of competent jurisdiction (or arbitrator) that is or becomes involved in the Dispute.
  2. To any court or tribunal of competent jurisdiction, or Arbitrator, which is or becomes seized of the Dispute, of any documents acquired by the Parties during or prior to the Mediation (or any disclosure or submission made under this Agreement) that would in any event have been disclosable in such proceedings; or
  3. A settlement established via mediation can be enforced by either party in court or by a tribunal with competence to inform the court or tribunal of the settlement conditions reached;
  4. However, if they are required to do so by law, the parties, the mediators, or Webpower Publishing Mediation will make such disclosures.
  5. As far as they reasonably believe that they may be at danger of any criminal consequence if they do not provide such disclosure, by either of the Parties or by the Mediator or Webpower Publishing Mediation.
  6. To the competent authority or person, in so far as they reasonably believe that there is a substantial danger of harm to the life or safety of any person, if the information in question is not provided; and
  7. Any adviser, insurer or insurance broker who is themselves bound by an obligation of secrecy will be used by the Parties for the purpose of obtaining legal, professional or medical advice or insurance.
  • Neither the Mediator nor Webpower Publishing Mediation nor any of its employees shall be called as witnesses, consultants, arbitrators or experts in any actions arising out of the Dispute or in connection with the Mediation for any reason at all.
  • It’s up to the mediator and Webpower Publishing Mediation to dispose of any documents they acquired as part of the Mediation process.

Fees and Expenses

  • According to the announced price rates of Webpower Publishing Mediation (plus VAT), unless otherwise agreed, “the Mediation Fee” shall be paid by the parties.
  • By 4.00pm on the working day before to the Mediation, each Party should pay the Mediation Fee to Webpower Publishing Mediation, unless otherwise specified by Webpower Publishing Mediation.
  • Unless the parties agree otherwise, each Party shall cover their own fees and expenses of attending the Mediation unless the parties agree otherwise. The Parties shall be equally and severally responsible for any charges and costs incurred at the Mediation venue (subject to paragraph 20 below). All expenditures incurred by the Parties (subject to paragraph 20 below) must be shared equally between them unless the Parties expressly agree to otherwise.
  • All parties must pay 25 percent of the Mediation Fee (plus VAT) apiece if the Mediation Date is canceled or postponed within four weeks of the Mediation Date (regardless of whether or not a new date is scheduled) (“the Cancellation Fee”).
  • As a reminder to anyone who might be swayed by this agreement, nothing herein shall preclude any court from making an order requiring the parties to pay any Cancellation Fees incurred under paragraph 19 above, as well as any other expenses associated with the mediation.

Attendees at the Mediation

While the parties have the right to bring their legal counsel to the Mediation, no one other than the parties involved in the dispute may participate in the mediation without first signing and returning a copy of a Confidentiality Agreement provided by Webpower Publishing Mediation and indicating their consent to participate in mediation. In addition, the Parties agree to utilize their best efforts to ensure that the person or people named in the Confidentiality Agreement adhere to the conditions of the agreement.

Data Protection

As a part of the mediation, the mediator and Webpower Publishing Mediation will handle any data submitted to them by or on behalf of any Party in line with the Mediation Privacy Policy.

Exclusion of Liability

The Parties agree that the mediator will utilize his or her own personal experience, skill, judgment, and intuition in an effort to reach a solution of the Dispute. They also agree to keep in mind, however, that because of the Mediator’s obligation under clause 13 of these terms to keep confidential and not disclose to any other Party any information supplied by each Party to the Mediator in private session during mediation, neither party will know the full circumstances in which he/she exercises his/her skill or judgment or intuition, and the Mediator will be prevented from disclosing the same by clause 13. Webpower Publishing Mediation and/or the Mediator will not be responsible to the Parties unless the Mediator or Webpower Publishing Mediation acted or omitted in bad faith while providing services to the Parties under these conditions.

Compliance with Protocol

In the event of a national emergency such as an epidemic, pandemic, or other national crisis, Parties shall comply with the reasonable conditions set out in any relevant Webpower Publishing Mediation Protocol.

Law and Jurisdiction

We agree that the laws of England and Wales shall apply in all respects, and to that end, that country’s courts shall have non-exclusive jurisdiction over this contract.