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The Government has relaxed mandatory Coronavirus restsrictions from 19 July 2020, but on the basis that the public exercise "individual judgement, caution, and responsibility" in high risk situations.
Mediation will remain a high risk situation. There's not much you could do that would involve spending eight to ten hours, indoors, in close face-to-face contact with people from several households! So Mediation will continue to call for the exercise of individual judgement, caution and responsibility. Vaccines are not 100% effective: Astra Zenica offers only 60% protection against the Delta variant, even after two doses. The mediation1st Coronavirus Mediiation Protocol is designed to minimise the risk associated with attending a face-to-face mediation, but cannot eliminate it completely.
Protocol
1. 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.
2. Where the mediation is to proceed face-to-face, each party must confirm to mediation1st and to any other party on the day before the mediation that all those proposing to atttend (litigant, advisors or mediator) have been vaccinated (if eligible) and have taken a negative test for Covid within 24 hours of the start time. Rapid lateral flow tests giving results in 30 minutes may be obtained free here.
3. Attendees should normally be limited to the litigant and their immediate advisors as each person attending increases the risk of infection / transmission. Family members, friends, "supporters", or lawyers attending for the experience should not normally attend at this time.
4. Any person proposing to attend the mediation who is not vaccinated, or who tests positive, or who displays any of the symptoms of Coronavirus (headache, persistent cough, sore throat, fever, high temperature, loss of sense of taste or smell, runny nose) 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, or the mediation may be moved online completely. If the mediation is moved online our lower online mediation fees will apply.
5. The Mediation Bundle and Position Statements will be supplied in PDF or other electronic form.
6. Travel to the mediation venue on public transport presents a heightened risk of infection. 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. The mediator or the parties may be less prepared to travel long distances that might require an overnight stay.
8. The mediator may make directions e.g. as to the venue for the mediation / the wearing of masks / the persons attending / seating arrangements to permit social distancing / the opening of windows / air conditioning / a later start time and / or a pre-determined finish time. Any person requiring a direction to facilitate their own travel is asked to notify the mediator as soon as possible.
9. Rooms for the parties and the mediator should be "Covid-secure": 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.
10. The Mediator may ask those participating in the mediation to submit to a non-touch forehead temperature reading. 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.
11. Handshakes will not be used. The Indian "Namaste" / Buddhist "Gassho" / Thai "Wai" is an acceptable non-contact alternative. A friendly wave is also fine!
12. Social distancing will continue to apply. For a mediation indoors that may take 8 to 10 hours this will require signficantly more than 1 or even 2 metres distancing.
13. The Chief Medical Officer, Chris Whitty, has said that post 19 July the government "recommends and expects" face masks to be worn for indoor meetings of a "prolonged nature" (which would include ediation). Accordingly, close-fitting face masks that cover both nose and mouth will be worn throughout the mediation unless the mediator otherwise directs.
14. 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.
Please note that mediation1st does not have the resources to "police" whether or not persons attending have been vaccinated and have taken a negative test. Even with compliance with this Protocol mediation1st 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 or mediation provider's duty extends to ensuring the safety of those attending a face-to-face mediation, especially in circumstances where we are not hosting the mediation and where our recommendation is to mediate online.
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.
