| The following does not affect your statutory right to cancel your MIAM or the Agreement to Mediate under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. For further information see the Instructions for Cancellation (Statutory) page. However, after 14 days from the day on which the agreement has been entered into by you this cancellation and payment policy will apply and if you fail to attend appointments meetings or do not cancel request for services within the times specified this policy requires. |
Thank you for choosing Family Matters as your mediation provider. We are committed to providing you with quality and affordable mediation. Some of our clients have had questions regarding responsibility for services provided. We have developed this cancellation and payment policy so that expectations are clear for everyone.
Legal Aid funded work
- We provide Legally Aided mediation if you qualify following a means test (based on your capital and income) and you provide the necessary supporting documents. If you are not eligible for Legal Aid (ie you are privately funded) payment in full is expected prior to each mediation meeting (or at the initial individual meeting) as set out below.
- All clients who seek legally aided mediation must provide proof of financial eligibility with documentary evidence of their capital and savings, income and outgoings. We are unable to access Legal Aid, under the Legal Aid Agency’s regulations, unless this documentation is provided. If you are eligible but proof is not provided you will be treated as not eligible for Legal Aid until the necessary documents are provided. You will be given the option to end the meeting at this point. Any deposits will be refunded.
- If you are Legally Aided and your circumstances change significantly e.g. you obtain full time employment or are in receipt of a large amount of money, inheritance or lottery win it is your responsibility to inform the Mediator for your case and your eligibility will be reassessed.
Payment for MIAMS
- If you are assessed as not eligible for Legal Aid and wish to end the meeting at that point no charges will be made. If you are not eligible for Legal Aid and wish to proceed with the MIAMS meeting you will be charged in full in accordance with our private fee structure.
- If you have paid for a MIAMS meeting but the other person is later assessed as being eligible for legally aided mediation we will, depending upon your wishes, either a) refund your payment or b) credit the amount against any other work for you.
- Deposit payments for MIAMS – Please be aware that we will take a deposit of £20.00 for MIAMS. This payment is due no later than 7 days before the appointment. It will be repaid in full if you qualify for Legal Aid, and there will be no administration charges for this transaction. If you do not take up an appointment or do not cancel the meeting by giving us at least 48 hours’ notice or you fail to attend a meeting, we will not refund the deposit to you. If the deposit is not paid at least 7 days in advance of the appointment, the appointment may be cancelled by us. Where appointments are made and not attended, we retain the right to charge the full amount to secure the booking of another meeting in the future.
Payment for Mediation and for Preparation of Documents – Privately funded work
- Payments for mediations are due no later than 48 hours before the date on which the meeting is scheduled to take place.
- If you or the other person do not confirm attendance and make payment in full no later than 48 hours before the meeting is scheduled to take place, the meeting may be cancelled by us and any payments made refunded.
- Where the Mediator prepares an Open Financial Statement of a Memorandum of Understanding following a mediation meeting an invoice will be issued for the time spent. Payment is required in full before the document is sent to a party. Family Matters will not be under an obligation to provide any documents whatsoever to a party whose invoices have not been paid in full.
Late Payment.
- All invoices for work not already payable in accordance with paragraphs 7, 8 and 9 above are payable within 14 days of the invoice date, Partial payments will not be accepted unless agreed in advance. Please be aware that if a balance remains unpaid after the due date, we may refer your account to a collection agency.
- We reserve the right to charge interest on any late payment, accruing each day at a rate of 8% per year.
Missed appointments
- Our policy is to charge in full for missed appointments not cancelled at least 48 hours (excluding weekends and bank holidays) before the scheduled time. These charges will be your responsibility and billed directly to you. Please help us to serve you better by keeping your scheduled appointment.
