Our Terms, Conditions and Fees
OUR CODE OF CONDUCT
Mediation is currently an unregulated profession, although we expect that will change in the future. That is why it is important to engage a mediator who has undertaken accredited training by a trusted body.
Atlas pledges to hold to the European Code of Conduct for Mediation Providers.The Code emphasise impartiality, competence, fairness of process, complete confidentiality.
Our Agreement to Mediate
Our terms of engagement in Mediation will be outlined clearly in a tailored Mediation Agreement that all participants must sign. This agreement provides a contractual basis for our services and is enforceable under the laws of England and Wales. Importantly this binds everyone who takes part in the process to the principle of confidentiality, and provides peace of mind. Key standard terms of our agreement will include the following:
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All participants agree to act in good faith in their attempts to settle through mediation
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Those attending mediation must have full authority to settle.
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The parties agree to the use of Facilitative Method of Mediation. Meaning that the Mediator facilitates a principled negotiation. The mediator does not provide legal advice, evaluation or assessment, opinion or judgment in any form. The Mediator’s role, through questioning, is to identify interests and guide the participants towards a resolution that they are invested in which is workable for all.
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Any settlement agreement will only be binding if it has been placed in writing and the participants have signed and dated it.
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The mediator remains neutral, and as such cannot draft the offers or final settlement for the participants. To do so runs the risk of a mediator using their own language and ideas, either taking over or influencing the process – which must belong to the participants.
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It is extremely useful to engage lawyers for complex or high value disputes who can participate directly in the process or advise in advance. However the Mediator can also work directly with participants to reality check the terms, and ensure any agreement is workable and enforceable.
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Confidentiality & Without Prejudice
Mediation works because we create a safe space where participants can unearth and explore their true motivations and needs. That confidentiality must be respected by all taking part and is usually respected by the judiciary. As such, everyone taking part must agree to keep what information is exchanged throughout the mediation process to themselves. It must not be discussed with anyone else.
These facilitated negotiations are entirely without prejudice, meaning no participant can subsequently use or seek to rely the information obtained in any subsequent legal proceedings.
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The Mediator will not transmit any information from one participant to another, without their express consent.
The Mediator will destroy any notes created in the course of mediation, as soon as practicable following its conclusion.
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WORLDWIDE
Only in very limited circumstances will a Mediator break this principle. For example, when;
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a participant, other third parties or the general public are at risk of harm
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it is ordered by court or HMRC (highly rare)
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to prevent criminal activity
The right to terminate
Mediation is a voluntary process. Any participant may leave at any time. The Mediator will only ask for you to spend 5 minutes with them before you go, so they can understand what is not working for you.
It may also become necessary for the Mediator to terminate. If information comes to light that creates an ethical or legal obstacle to continuing, such as a conflict of interest or legal obligation, the Mediator may terminate without giving reasons. This may be necessary for them to continue to uphold professional standards of ethics, and preserve confidentiality.
FEES
​Fees for mediation are ideally shared equally between participants. This is not always possible, and in some cases the apportionment may need to vary or one may offer to pay in full as an act of good faith.
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Our standard fee scale
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Following a free preliminary discussion to assess suitability of mediation for your dispute, if you are happy to book mediation we require:
A non-refundable deposit to cover the costs engaging with pre-mediation meetings. Every dispute is different in terms of complexity and number of participants. The amount of the deposit will therefore be calculated at 20% of the mediator’s estimated fixed fee.
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To reserve the Mediator, payment of a fixed fee is required in advance, an invoice will be issued once a date is set. This fee includes preparation reading and communications with the participants, and reasonable local travel costs of the Mediator.
The fee does not include cost for hire of a suitable venue, any refreshments, which are the responsibility of the participants. Any additional costs taken on by the Mediator such as non local travel costs of the Mediator, or additional overtime may be invoiced separately. The fixed fee is not normally refundable in the event that the mediation is terminated.
For local residents and small businesses Atlas is pleased to be able to offer discounts to enable access to mediation, depending on the circumstances. Please contact us for a preliminary consultation to discuss. ​​​
Atlas Mediation follows the Civil Mediation Council’s Fixed Fee Scheme, ensuring reasonable pricing for claims valued under £50,000. Fees are per party
Amount being claimed Fees per party Length of session
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£5,000 or less* £75 + VAT 1 hour – phone/video only
£125 + VAT 2 hours - phone/video only
​​£5,000 to £15,000* £320 + VAT 3 hours
​£15,000 – £50,000 £445 + VAT 4 hours
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Each additional hour is charged at £100+ VAT per party.
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For higher value claims, Atlas can provide an estimate of fees here, though much will turn on not only the value but complexity. For example,
​£50,000 - £100,000 £750+VAT 6 hours
​£100,000 – £200,000 £1000 + VAT 8 hours (One Day)
​£200,000+ - by agreement.
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*Please note that for small claims worth less than £10,000 there is currently a free scheme available for civil claims. If you issue a small claim at court (for which you pay a fee, you may be offered a free telephone mediation for 1-2 hours. This may suit you if your claim is straightforward. If there are other issues you would like to resolve between you, or you think a longer session is required, Atlas Mediation can offer sessions at short notice and consider all elements of the dispute.
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If your matter is a consumer dispute, many traders are part of Alternative Dispute Resolution Schemes which are ready to assist at no cost to you. It is standard practice in this field for the trader to bear the cost of mediation. ​
DATA PROTECTION
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Atlas Mediation is registered with the Information Commissioner’s Office (ICO) and act as a data controller. We are responsible for deciding how we hold and use personal information about you. We have a privacy policy to ensure our compliance with It is also to comply with our legal obligations under the Data Protection Act and Regulation (EU) 2016/679, which is referred to as the General Data Protection Regulation (‘GDPR’).
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​Our aim is to only hold data that is necessary for us to provide services to you, such as contact information, payment details and any documentation necessary to support your mediation. Information will be stored as securely as possible, and destroyed or deleted once it is no longer required.