Perspective Mediation • v2026(1)
Mediation Agreement
Acknowledgment of Structural Neutrality
Remuneration Safeguard: To maintain the highest standards of impartiality, the parties acknowledge that the appointed Mediator is remunerated by the Agency, Perspective Mediation, on a guaranteed fixed-fee basis. This professional fee is paid by the Agency regardless of whether a settlement is reached.
The “No Agreement, No Fee” commercial arrangement exists exclusively between the Client and the Agency. This dual-track structure is an enhanced neutrality safeguard designed to ensure the Mediator has no financial interest in the outcome of the dispute, preserving total clinical independence and freedom from commercial pressure.
1. THE AGENCY AND THE MEDIATOR
Perspective Mediation (the Agency) agrees to appoint a qualified Panel Mediator to facilitate the dispute. The parties acknowledge that:
- The Mediator acts as an independent neutral facilitator; they do not provide legal advice, legal services, or legal representation.
- The Mediator’s role is to assist the parties in reaching a resolution and recording that consensus while maintaining strict impartiality.
- Participation is voluntary; however, parties agree to engage in the process in good faith to explore the potential for substantial consensus.
2. THE “NO AGREEMENT, NO FEE” GUARANTEE
The Agency’s professional fee is recoverable from the Client only upon reaching substantial consensus. For the purpose of this agreement, substantial consensus is achieved when:
- The parties reach a consensus on the primary issues in dispute, whether confirmed verbally or in writing (e.g., Heads of Terms); or
- The parties reach a settlement, whether partial or full, within the 21-day reflection window following the mediation session.
Conclusive Evidence: In the event of a dispute as to whether verbal substantial consensus was reached, the parties agree that the Mediator’s contemporaneous notes shall be considered conclusive evidence of that consensus.
3. AUTHORITY TO SETTLE
The parties warrant that they attend the mediation with the full authority to settle the dispute. If a party is attending on behalf of an organisation or insurer, they confirm they have the necessary authorisation to agree to binding terms during the session.
4. CLINICAL TRIAGE & CANCELLATION
Clinical triage is a standalone, no-obligation service provided to determine the feasibility of a case. Once a case moves from triage to a scheduled mediation session, the following cancellation terms apply:
- Notice Periods: 48 hours for disputes up to £100,000; 7 days for disputes over £100,000.
- Fees: Cancellation within these periods incurs a fee of 25% of the full fee, payable by each party.
5. CONFIDENTIALITY AND PRIVILEGE
Our mediation process is conducted on a ‘without prejudice’ basis, creating a safe environment for settlement exploration.
- Information shared during mediation may not be produced as evidence in any legal process.
- The parties agree they will not call the Mediator as a witness or require the production of their notes in any litigation.
- Prohibition on Recording: Audio or video recording of the mediation by the parties is strictly prohibited.
- Exception for Fee Recovery: Privilege is waived solely for the purpose of the Agency proving the existence of a substantial consensus in proceedings to recover professional fees.
6. LEGAL STATUS AND ADVICE
The parties understand that the Mediator does not act as a legal advisor to any party. Any comments made by the Mediator regarding legal issues are for facilitation purposes only and do not constitute legal advice. Parties are encouraged to consult with their own legal representatives regarding the terms of any settlement.
7. STRUCTURAL NEUTRALITY ACKNOWLEDGMENT
The parties expressly acknowledge the Agency’s dual-track financial model, whereby the Mediator is remunerated on a guaranteed fixed-fee basis. The parties accept this structure as an enhanced neutrality safeguard designed to eliminate settlement pressure and protect the parties’ freedom of no.
By proceeding, the parties confirm they are satisfied that this structure protects the Mediator’s impartiality and they agree that the commercial arrangement between the Client and the Agency does not constitute a conflict of interest or grounds for challenging the validity of a settlement.
8. TERMINATION OF MEDIATION
A party may withdraw from the mediation at any time after the opening session. The Mediator may also terminate the mediation if they believe that a resolution is unlikely or if there are ethical concerns regarding the conduct of the parties.
9. INDIVIDUAL LIABILITY FOR FEES
Each party is individually responsible for the payment of their own mediation fee. No party shall be held liable for the fees or costs of any other party unless otherwise agreed in writing.
Payment Terms: Invoices are payable within 7 days. We reserve the right to charge interest on overdue amounts at the rate of 8% above the Bank of England base rate.
10. DATA PROTECTION (GDPR) & QUALITY AUDIT
Perspective Mediation processes personal data in accordance with the UK GDPR. Data is used for administration and conflict checks. Parties acknowledge that as part of the v2026(1) audit, they will be invited to provide outcome-blind feedback via a digital survey to verify mediator neutrality.
11. COMPLAINTS & DISPUTE RESOLUTION
Perspective Mediation is committed to high standards of service. In the event of a complaint regarding the Agency’s administration or the conduct of a Mediator, parties should direct their concerns in writing to the Agency’s Commercial Director in the first instance.
The Agency will investigate the matter internally. Where a complaint relates specifically to the professional conduct of a Mediator, the Agency may refer the matter to that Mediator’s individual professional registration body, where applicable.
12. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement.
13. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes any previous agreements, arrangements, or understandings between them, whether written or oral.
14. SEVERABILITY
If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. DIGITAL ACCEPTANCE AND EXECUTION
This mediation agreement is a legally binding contract. Parties agree that this agreement is formally executed and its terms accepted when an online instruction form is submitted with the confirmation box ticked, or when a party confirms acceptance via email.