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Our thoughts are with all those who are fighting this horrible virus and all those who have lost loved ones to it, and our thanks go to the staff of the NHS and to all the key workers who put themselves at risk daily for the rest of us.
Until 21 June 2021, the Government requires work to be done online if possible. The requirement to work online may - or may not - be relaxed from that date. Any relaxation from June 21 may be subject to continued restrictions.
Even when office work is permitted, face-to-face Mediation will remain a high risk activity in terms of the risk of transmission of the Coronavirus (there's not much you could do that would involve spending eight to ten hours, indoors, in close face-to-face contact with someone you don't know!). The mediation1st Coronavirus Mediiation Protocol is designed to minimise this risk, but cannot eliminate it completely
Protocol
Until further notice mediation1st accepts bookings to mediate on the basis that all parties and their advisors will adhere to the following protocol.
1. Any mediation taking place before 21 June 2021 will be mediated online. Mediations from that date may be mediated online, or face-to-face if Government requirements permit.
2. In all cases the parties will consider when booking and in preparation whether the case can be mediated online. Most cases are suitable for online mediation and we recommend online mediation on pure mediation grounds.
3. Where, the mediation is nevertheless to proceed face-to-face, any person proposing to atttend (whether litigant, advisor or mediator) shall supply evidence of vaccination and / or a recent negative Covid test to mediation1st as required by mediation1st.
4. Any person proposing to attend the mediation who displays the symptoms of Coronavirus (persistent cough, sore throat, fever, high temperature, loss of sense of taste or smell) at any time (even on the morning of the mediation) should inform the mediator immediately. If that person's involvement is essential to the mediation, then that person may be able to join the mediation by video conference / telephone. If the mediation in question cannot reasonably be conducted with that person "dialling in", the mediation may be postponed and mediation1st will not charge a cancellation fee.
5. The Mediation Bundle and Position Statements will be supplied to the Mediator and (where appropriate) to other parties in PDF or other electronic form.
6. Travel to the mediation venue on public transport presents a heightened risk of infection. The parties will consider this in their choice of venue. Out-of-town venues with car parking (these also usually have larger rooms that will be more suited to social distancing) are likely to be preferable to inner city offices or chambers which may be accessible only by public transport.
7. The mediator may make directions e.g. as to the venue / a later start time and / or a pre-determined finish time in order to facilitate the parties and / or their advisors and / or the mediator travelling to the venue by private car rather than public transport or to enable those attending the mediation to travel by public transport out of rush hour or to ensure that they can complete their journeys in one day without needing to stay in a hotel. Any person requiring such a direction to facilitate their own travel is asked to notify the mediator as soon as possible.
8. Rooms for the parties and the mediator should be "Covid-secure": reachable without lifts where possible, private, well ventilated, and supplied with hand sanitiser. Air conditioning that does not draw air from an external source, and therefore circulates internal air, such as a split air conditioner, should be switched off. Windows should be opened where possible. Arrangements for regular cleaning and disinfecting, particularly of doorhandles, should be in place. If weather conditions permit, an outdoor location would involve significantly less risk, and require less social distancing.
9. The Mediator may ask those participating in the mediation to submit to a non-touch forehead temperature measurement. Anyone with a high ("red") temperature will be asked to leave the mediation, but may be able to join the mediation by video conference / telephone. If the mediation in question cannot reasonably be conducted with that person "dialling in", the mediation may be postponed but (since the mediator will by that stage have travelled to the venue) a cancellation fee will be payable.
10. Handshakes will not be used. The Indian "Namaste" / Buddhist "Gassho" / Thai "Wai" is an acceptable non-contact alternative. A friendly wave is also fine!
11. Anyone attending the mediation may wear a mask.
12. Social distancing will apply. For a mediation indoors that may take 8 to 10 hours this will require signficantly more than 1 or even 2 metres distancing.
11. Coronavirus is present in an infected person's bodily fluids and flushing a toilet has been shown to have an aerosol effect, making the virus airborne. Toilets should be flushed with the lid down to minimise this effect, and two minutes should be allowed between the use of toilet cubicles. Arrangement for regular cleaning and disenfecting of toilets should be in place.
12. Mediation1st reserve the right as a last resort to decline to mediate a case face-to-face where the arrangements do not comply with this Protocol or in the light of changing Government advice. Mediation1st or individual mediators may in their absolute discretion waive or vary any aspect of this Protocol in the light of individual circumstances.
Even with compliance with this Protocol we cannot guarantee the safety of those attending face-to-face mediation during the pandemic, and by conducting a face-to-face mediation and / or adopting and / or (at our discretion) waiving any aspect of this Protocol neither mediation1st nor any of our individual mediators accept that a mediator's duty extends to ensuring the safety of those attending a face-to-face mediation.
We are always willing to discuss any concerns or suggestions in order to ensure that all involved may have full confidence in the mediation process.
