Terms of Business

Mediation Appointments

1. All appointments of Matthew Kellett as mediator, including appointments made via a mediation agency, are undertaken by Matthew Kellett only in his personal capacity. Any reference in these Terms to Kellett Mediation or Mediator is a reference to Matthew Kellett

2. This document sets out Kellett Mediation’s Terms of Business, which will apply to all Mediator appointments entered into by Kellett Mediation after 31 March 2024.

Code of conduct

3. In all its mediation dealings, Kellett Mediation aims to comply with the European Code of Conduct for Mediators. The code sets out certain principles as to competence, impartiality, confidentiality etc. If there is any conflict between the terms set out in these Terms of Business and the European Code, the terms of the Code will prevail.

Parties

4. For direct appointments (those not through a mediation agency), Kellett Mediation’s contract will be with the legal entities who are the parties to the mediation (‘the Parties’, each ‘a Party’), and it will be those Parties who have primary legal liability to pay the fees of Kellett Mediation (see “Fees” below).

5. Where a Party acts by a solicitor, that solicitor will also be liable to pay the fees of Kellett Mediation if their client does not pay when due.

Role of Mediator, Confidentiality & Mediator’s papers

6. No Party shall have the right to access any documents/notes prepared by the Mediator, nor shall they be entitled to call the Mediator as a witness in any litigation or other proceedings arising from or in connection with the matters in issue (’the Dispute’) or the mediation or any proposal to mediate. The Mediator does not at any time act as adviser to any Party in relation to the subject matter of the Dispute or the mediation. By appointing Matthew Kellett each Party acknowledges it will not treat any statements or comments made by Matthew Kellett in the mediation as advice or recommendation to that Party about that Party’s position in respect of the Dispute or the mediation or any settlement.

Fees

7. The fees charged by Kellett Mediation shall be calculated and payable in accordance with the fee schedule agreed with Kellett Mediation prior to the mediation. Unless agreed otherwise in writing the fees of Kellett Mediation shall be divided equally between the Parties who shall each be liable to pay their respective share.

8. The fees are payable 7 days before the mediation and any additional fees payable (such as where the mediation overruns the allocated time) shall be due and payable on the date the relevant invoice.

Cancellation & Postponement

9. In the event of cancellation of the mediation the following fees will be payable. i. 7 days or more before the mediation date: no fee ii. Between 3 and 6 days before the mediation: on half of the full fee iii. Between 1 and 2 days before the mediation: three quarters of the full fee

10. In the event that the mediation is postponed but takes place at a later date any expenses incurred by the Mediator will be payable in full together with half of the fees that would have been charged had the mediation been cancelled. (See 9 (i) to(iii) above)

Liability

11. Each Party acknowledges that the Mediator is not representing nor advising them, nor assessing any of their rights or claims. Any suggestions made or opinions expressed by the Mediator are personal to the Mediator and are offered only for consideration by the relevant Party. Any assessment, action or decision taken by any Party is the sole responsibility of that Party.

12. Kellett Mediation shall not be liable to any Party for any act or omission whatsoever in relation to the Dispute or the mediator appointment save insofar as liability arises as a result of fraud or wilful misconduct. Kellett Mediation’s liability to any Party, whether in contract or in tort, in respect of any issue howsoever arising shall be limited to £2,000,000 unless agreed otherwise in writing.

Complaints

13. Kellett Mediation complies with the Minimum Standards for Complaints Procedures required by the Civil Mediation Council. Details of the Complaints Procedure may be found on the website. Please click here to visit the page.

Policies

Diversity & Inclusion

Kellett Mediation supports the CEDR Diversity and Inclusion Mediation Charter. Clients are encouraged to agree to observation of your mediation by other junior mediators.