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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.
During the Coronavirus pandemic, in accordance with UK Government Regulations we have continued to mediate by online video conference. The position on mediation generally has not changed: - if it can be carried out online, which it usually can, it should be carried out online.
However, boundary disputes can't always be carried out entirely online. They often require an initial site visit, and may require more site visits as proposals are made. This protocol has been adapted to enable boundary disputes to be mediated safely, with a site visit or visits where necessary.
We cannot however guarantee the safety of those attending site meetings or face-to-face mediation during the pandemic, and by conducting a site meeting and / or face-to-face mediation and / or (at our discretion) waiving any aspect of the following protocol neither mediation1st nor any of our individual mediators accept that a mediator's duty extends to ensuring the safety of those attending a mediation.
Protocol
Until further notice mediation1st accepts bookings to mediate boundary disputes on the basis that all parties and their advisors will adhere to the following protocol.
1. Any person proposing to atttend a site visit forming part of a boundary dispute mediation (whether litigant, advisor or mediator) who displays the symptoms of Coronavirus (persistent cough, sore throat, fever, high temperature) at any time (even on the morning of the mediation) should inform the mediator immediately and should not attend any site visit. That person may still be able to join the online part of the mediation by video conference / telephone. If the mediation in question cannot reasonably be conducted without that person attending any site visits, or otherwise "dialling in" to the online part of the mediation, the mediation may be postponed and mediation1st will not charge a cancellation fee.
2. Coronavirus can survive on paper for up to five days. To avoid documents passing through multiple hands, either before or during the mediation, the Mediation Bundle and Position Statements will be supplied to the Mediator and (where appropriate) to other parties in PDF or other electronic form.
3. The mediation may start with a site visit. As this will usually take place outdoors the risk of infection is lessened but all parties will maintain 2 metres social distancing. The UK Government's relaxation of the 2 metre requirement applies only where maintaining a 2 metre distance is not reasonably possible, and at an outdoor site visit maintaining 2 metres should be possible. Handshakes will not be used; The Indian "Namaste" / Buddhist "Gassho" / Thai "Wai" is an acceptable non-contact alternative. A friendly wave is also fine!
4. The Coronavirus is spread by "face-to-face" contact with an infected person. In the context of a mediation involving face-to-face contact that typically lasts six to eight hours, the two metre / one-metre-plus-additional-measures "social distancing" rule that works outside will not be sufficient once the mediation moves indoors*. The default should therefore be that once the mediation moves indoors it takes place online. Most cases are suitable for online mediation and our mediators consider online mediation to be preferable to socially distanced face-to-face mediation indoors on mediation grounds alone. In order to ensure that the parties and the mediator are able to return to site should that be necessary, the parties are asked to provide private rooms (e.g., in a nearby solicitors' office or hotel) with a reliable internet connection from where the parties and the mediator can conduct the mediation online.
5.Rooms for the parties and the mediator should be "covid-secure": reachable without lifts where possible, private, well ventilated, cleaned regularly and supplied with hand sanitiser. Air conditioning that does not draw air from an external source (and therefore circulates internal air) should be switched off. Windows should be opened where possible.
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 for the online part of the mediation. Out-of-town venues with car parking may 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 for the online part of the mediation / 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. Any person requiring such a direction to facilitate their own travel is asked to notify the mediator as soon as possible.
8. The Mediator may make reasonable directions in the light of all the circumstanes to ensure that the mediation proceeds as safely as possible to include (but not limited to) asking all those participating in site visits tto submit to a non-touch forehead temperature measurement and / or to wear masks.
9. 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.
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.
*If you're really interested in how the virus spreads indoors, take a look at this article by Professor Erin Bromage at the University of Massachusetts. The section on transmission in a restaurant will be directly applicable to a mediation. But be warned, it's a bit of a grim read!
