Cancellation by a consumer
Note: this applies to every mediation connected with divorce, family law and also to mediation instructions relating to your personal affairs if they are not business matters.
As you are probably aware, if you buy as a consumer you have “protection” as set out in the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (the “Regulations”).
The Regulations give you a right to cancel your instruction to the Mediator within 14 days.
We start work immediately that we receive your instruction, so, sadly, we cannot accept your instructions if you fail to tell us at the time you instruct us that you want to give up your 14 day cooling off period.
We handle this by asking you for confirmation that you want us to start immediately, in the automatic email message we send to you when you pay for our service.
However, we are compelled by law also to tell you all about your rights formally and to provide you with a suitable form as part of this contract. So we do that below. All very silly.
In practice, we suggest you ignore the following paragraph and the example message at the end of this document, and simply reply to our email when you receive it.
1.1. If you buy as a consumer you have 14 days from the date this contract becomes effective, in which to cancel it. If you do, all money paid will be returned to you immediately and you will be under no further obligation.
1.2. To exercise the right to cancel, you must tell the Mediator of your decision clearly. At the end of this document is an example form you may use. You do not have to use it.
1.3. The reimbursement will be made without undue delay, and not later than 14 days after the day on which you informed us about your decision to cancel this Contract.
1.4. We will repay you in the same way that you paid us.
1.5. The Regulations give you no special right to cancel after the expiry of the 14 day period. Your common law rights and other statutory rights are not reduced or otherwise affected.
Cancellation – apart from the Regulations
The following provisions apply, whether or not you are a consumer.
1.6. A Participant may cancel this contract by written notice of cancellation at any time.
1.7. At any time, the cancellation fee for an online mediation cancelled before the fixed date is 25% of the fee.
1.8. The following provisions apply to cancellation of a mediation for which a date has been booked in the mediator’s diary.
1.8.1. If a Participant cancels more than seven days before the date fixed for the mediation, the Mediator will refund 70% of the fee after deduction of any expenses he has incurred, for example on travel and accommodation and the cost of the venue.
1.8.2. If a Participant cancels seven or fewer days before the date fixed for the mediation, the Mediator will refund 50% of the fee after deduction of expenses, as above.
1.8.3. If multiple mediation appointments have been booked and the Participants have attended the first appointment booked, they may cancel subsequent appointments or vary the dates and times booked, without charge.
1.9. The Mediator will invoice each Participant for their equal share of the Cancellation Charges, which, if not already paid, shall be payable within 7 days of the date of the invoice.
1.10. If the mediation is re-booked on the same terms as a cancelled mediation, and within three months of the cancelled date then the fee for the re-booking will be reduced by 75%.
1.11. If no settlement has been reached on the mediation date and the Mediator, at the request of any Participant, spends time working on the mediation after the mediation date, that additional time shall be charged to the Participants at the same average hourly rate as charged for the original mediation.