Condition precedent to using the Service
It is a condition precedent for using the Free Mediation Service ("the FMS") that everyone who does so agrees that they will not sue the FMS, the mediators it appoints, its staff, and/or the Society of Mediators for any cause or alleged loss or damage arising from the use of the FMS and/or the work of the mediators.
You must agree to this to have a free mediation. It will be in the contract or Agreement you are asked to sign.
Please take legal advice about this condition precedent if you are unclear.
TERMS AND OTHER CONDITIONS
Basic Information
* The Free Mediation Service ("FMS") provides a mediator or two co-mediators free of charge
* The FMS does not charge for the administration of the service
* The FMS and its mediators are neutral, independent, and unpaid
* The FMS is not connected with the courts, or HMCTS, or government
* The FMS is recognised by the Courts as an approrpiate provider of mediation
Applying for the service
* People who are represented by solicitors, barristers, or other professionals must apply through their legal representatives
* People wishing to use the service must, before applying, ensure that all those in the dispute are content to use the FMS
* The FMS does not act as a broker to try to get people to agree to mediate
Information to be provided
* No information is needed on first applying - except for relevant names, email, and telephone contact details
* The Registrar at the FMS will respond within 48 hours (during the working week)
* The Registrar will tell you what is needed
* Do not send details of the dispute or any documents to the FMS until requested
What happens next
* The Registrar at the FMS will ask you for some key information
* The FMS Registrar will then send you the standard Agreement to Mediate and mediation rules
* You will need to send a scanned signed Agreement to the FMS Registrar before the mediation can begin
Format and appointment
* Mediations can be face to face, if you provide a physical venue, or online using Zoom Pro
* Please see if you and the other people agree to Zoom or face to face mediation
* The Registrar will ask you if you have a physical venue available and if so where
* You will be responsible for paying the costs of any physical venue - the FMS does not provide and cannot offer a venue (though it will provide the Zoom link)
Agreeing the mediator(s)
* The Registrar will offer three mediators and three co-mediators to the people and ask them to make an agreed choice
* The Registrar will then seek to agree a date for the mediation
* People should try to agree from the three names provided for each role
* People should remember that mediators help effective communication and negotiation but do not advise or decide anything: they are not substitute lawyers or judges
* If you cannot agree then the choice will be to end engagement with the FMS or ask the President of the Society of Mediators, Lord Strathcarron, to appoint a mediator or mediators
After agreement of the mediator(s)
* The FMS Registrar will agree a date
* The appointed mediator and co-mediator will then make contact with the people or their representatives if any to deal with details such as times, papers, and other considerations
* The FMS Registrar is available for questions about process at any time
Copyright © The Society of Mediators 2025. All Rights Reserved. The Society of Mediators is a Charity Registeres in England & Wales No. 1151526 working worldwide. It is regulated by the charities commission. the society operates the free mediation service as part of its resolution programme and it is open to all for free.
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