Workplace Mediation Terms

1. Who contracts with me

The commissioning organisation is normally the Business Client and is responsible for the agreed fees and administration under the Proposal.

The employees or other people taking part are Participants. Participation does not make them personally responsible for the organisation's commercial contract.

Before substantive mediation, Participants will normally be asked to accept a separate Agreement to Mediate covering the participant-facing process, confidentiality, recording/AI restrictions and outcome-sharing arrangements.

2. Nature and purpose of mediation

Workplace mediation is a voluntary, confidential and impartial process intended to help people address a workplace relationship difficulty and explore workable ways forward.

It is separate from investigation, grievance, disciplinary and performance-management processes. I do not determine who is right, investigate allegations, make findings of fact, impose an outcome or give legal advice.

Mediation does not remove statutory, contractual or employment rights.

3. Suitability and my role

I manage the mediation process and decide whether it is professionally appropriate to continue.

I may pause or end mediation where participation is not genuinely voluntary, a conflict of interest cannot appropriately be managed, material safety concerns exist, the process is being used for an improper purpose, or mediation is otherwise no longer appropriate.

The commissioning organisation remains responsible for its own HR, legal, safeguarding, managerial and policy decisions and should tell me about any live formal process, known safety concern or material adjustment need that could affect suitability.

Large evidence bundles should not be sent unless I request specific material. Mediation is not an evidence-gathering investigation.

4. Process and scope

The Proposal may price mediation as a fixed package, defined stages, an hourly/day rate or a combination.

The usual process involves separate confidential meetings with each Participant followed, where appropriate and agreed, by a joint meeting. Follow-up work may be included or separately commissioned as stated in the Proposal.

For multi-party matters, additional meetings or materially extended work, the scope and fee may need to be varied by agreement.

5. Confidentiality and organisational reporting

I do not report the substance of mediation discussions to the commissioning organisation.

I may confirm agreed administrative information such as whether meetings have taken place, whether mediation is proceeding and whether it has concluded.

Any written outcome is shared outside the mediation only as agreed by the Participants, unless disclosure is lawfully required.

Mediation confidentiality is an important contractual and professional obligation but cannot guarantee that a court, tribunal or other competent authority could never lawfully require disclosure.

I will not voluntarily provide a witness statement, working notes or an account of confidential mediation discussions for a later workplace or legal process without the required agreement. If disclosure or attendance is legally compelled, I will comply with the law.

6. Outcomes

Any mediated outcome belongs to the Participants.

A written workplace outcome is normally a practical record of what the Participants have agreed rather than a legally binding settlement agreement, unless they deliberately take separate steps to create a legally binding agreement.

Participants decide what, if anything, is shared with the commissioning organisation, subject to the Agreement to Mediate and any legal requirement.

7. Fees, invoicing and expenses

The Proposal states the fee, pricing basis and what is included. I am not currently VAT registered and do not currently add VAT.

Invoices are payable within the period stated on the Proposal or invoice and normally no more than 30 days from invoice date unless another arrangement is agreed.

Agreed travel, venue or other third-party costs are payable as stated in the Proposal or where agreed in advance.

For qualifying overdue commercial debts I reserve my statutory rights under the Late Payment of Commercial Debts (Interest) Act 1998 and related legislation.

8. Completed stages and cancellation

Work properly completed before cancellation remains payable according to the Proposal.

Unless a later Proposal expressly agrees something different, cancellation of a planned joint mediation session is charged as follows:

If I conclude after the initial meetings that a joint meeting is not appropriate, completed initial work remains payable but no cancellation charge applies to a future joint meeting that I decide should not proceed. Any prepaid amount for unsupplied future work will be refunded or credited as appropriate.

If I can readily fill substantially the same reserved future time with equivalent paid work, I will take that recovery into account rather than recover twice for the same loss.

9. Data and working notes

Personal data is handled in accordance with my Privacy Notice.

I may make short working notes to help conduct the process. These are not formal evidence or findings. My normal practice is to securely delete or destroy substantive working notes promptly after the process closes and any agreed output is finalised, subject to any genuine complaint, insurance, legal or regulatory need to retain limited information.

10. Professional boundaries and liability

I will provide the mediation service with reasonable care and skill. I do not guarantee that mediation will reach an agreement or repair a working relationship.

I am not acting as a lawyer, therapist, clinician, HR investigator or decision-maker. The Client and Participants remain responsible for legal, employment, safeguarding, clinical and management decisions outside the mediation process.

Subject to liabilities that cannot lawfully be limited and only to the extent the limitation is reasonable under applicable law, my aggregate liability to the Business Client arising from a particular Proposal is limited to the total fees paid or payable under that Proposal. I am not liable for indirect or consequential loss or loss of profit, revenue, anticipated savings, business opportunity or goodwill to the extent permitted by law.

Nothing limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or liability that cannot lawfully be limited.

11. Complaints and CMC route

My public Complaints Procedure applies to mediation and is my published complaints procedure for my work as a Civil Mediation Council registered mediator.

I will acknowledge a complaint in writing within five Working Days and will normally investigate and provide a substantive written response within 21 Working Days. Where the CMC route is available after my process is complete, the Complaints Procedure explains how it works and the relevant current time limit.

12. General terms

A material change to scope or fees must be agreed in writing.

The version of these terms incorporated when the mediation is commissioned continues to apply unless we later agree a lawful change.

The agreement is governed by the law of England and Wales and the courts of England and Wales have exclusive jurisdiction unless the Proposal expressly agrees another position.

Questions can be emailed to info@jakemorrison.co.uk.