POST OFFICE INITIAL. MEDIATION SCHEME
MEDIATION PACK
DRAFT - CONFIDENTIAL AND COMMERCIALLY SENSITIVE
[PARTS IN YELLOW NEED TO BE COMPETED ON A CASE BY CASE BASIS]
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[TO GO ON POST OFFICE LETTERHEAD]
[SPMR_NAME]JFSA / SHOOSMITHS]
[SPMR-ADDRESS]
[DATE]
Dear Sir-or-MadamSirs
Post Office Initial Mediation Scheme {f
As you maywill be aware, Post Office has been undertaking an independent review into the Horizon
system and its related support and training processes.
Post Office is determined to ensure that Horizon and its related processes are fair, effective and reliable,
and that Subpostmasters can have confidence in the system.
In some instances, however, Subpostmasters allege that Post Office and Horizon have not met these
standards. To address these concerns, Post Office appointed independent forensic accountants, Second
Sight, to investigate this situation.
In collaboration with the Justice for Subpostmasters Alliance (JFSA) and a group of MPs led by the Rt Hon
James Arbuthnot MP, Post Office setu an Inquiry into Horizon. Second Sight werewas
appointed to lead this Inquiry and haves been. working witha number: of Subpostmasters for over 12
https ww, postoffice.co.uk/post-office-statement-horizon.
Post Office now wishes to extend the Second Sight Inquiry into a Mediation Scheme so that individual
Subpostmasters have an opportunity to raise their concerns directly-te_with Post Office. In partnership
with Subpostmasters, the JFSA, Second Sight.and interested MPs, all sides can then work towards
resolving those concerns.
Please find enclosed a pack of documents describing how the Mediation Scheme will work. We should be
grateful if you would forward this letter and the enclosed pack to any Subposmasters who you
believe may be interested in this Scheme.
If you-wisha Subpostmaster wishes to take part in the Scheme yeuhe/she should:
. Carefully read the information enclosed with this letter.
. Compre and eur the-enciosedan Application Form werden, eePost envelope
You-areA Subposmaster is not obliged to submit yourhis/her case through the Mediation Scheme and
youthey may leave the Scheme at any time. Ail-yourTheir legal rights will remain in full force, whether or
not youthey choose to enter the Mediation Scheme.
Your
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A Subpostmaster's Application Ferm-must be received by Post-Office-by- if-youSecond
Si 31.0 2013 if
wish to be involved in the Mediation Scheme.
if you-have-any- questions, please.contact-the. Justice for Subpostmasters Alliance [INSERT
make one Application.
Yours faithfully
Enclosures
1 Application Form
2 Mediation Scheme Guide_+ FAQs
3. Second-Sight-interim-Report
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Overview of the Post Office Initial Mediation Scheme
The Post Office. Mediation Scheme
The Post Office Initial Mediation Scheme has been setupestablished to help resolve the concems of
Post Office is determined to ensure that Horizon and its related processes are fair, effective and reliable,
and that Subpostmasters can have confidence in the system.
In some instances, however, Subpostmasters allege that Post Office and Horizon have not met these
standards. To address these concerns, Post Office appointed independent forensic accountants, Second
Sight, to investigate this situation.
In collaboration with the Justice for Subpostmasters Alliance (JFSA) and a group of MPs led by the Rt Hon
James Arbuthnot MP, Post Office setupestablished an Inquiry into Horizon. Second Sight werewas
appointed to lead this Inquiry and haves been working with a number of Subpostmasters for over 12
months. A copy of Second Sight's interim report is enclosed-with-thistetteravailable at
http:/Avww.postoffice.co.uk/post-office-statement-horizon.
Post Office now wishes to extend the Second Sight Inquiry into a Mediation Scheme so that individual
Subpostmasters have an opportunity to raise their concerns directly-to_with Post Office. In partnership
with Subpostmasters, the JFSA, Second Sight and interested MPs, all sides can then work towards.
resolving those concerns.
This Scheme has been approveddeveloped by Post Office, Second Sight,”
M®* and the Justice for Subpostmasters Alliance.
REM:
Mediation
In essence, mediation is a face-to-face discussion between two parties. The discussion is chaired by a
neutral and independent mediator.
The purpose of mediation is to give each side the opportunity to explain their position. The mediator will
then discuss matters with both parties, sometimes together in the same room, sometimes privately with
each party.
The mediator's role is to help the parties find common ground. Where common ground cannot be reached,
the mediator will help the parties accept their differences and then try to find a resolution to those
differences.
The mediator cannot impose a solution on any party (unlike a judge in a courtroom). He can recommend
possible solutions to any disagreements. The parties are then free to accept or reject any
recommendation. A solution is only binding on the parties where they both agree on that solution and that
agreement is captured in writing and signed by both parties.
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The Scheme applies to both current and former Subpostmasters as well as counter clerks employed by
Post Office.
Where we refer to "Subpostmasters" this includes Subpostmistresses, nominee Subpostmasters of
Multiple branches and counter clerks.
The Scheme is open to any Subpostmaster who believes they have suffered a loss or been treated unfairly
as a result of: the Horizon system or any associated issues.
e__ Post Office's training-on the Horizon system.
If a serving Subpostmaster wants to use the Scheme, he or she must have already raised their case with
HE SPMR
The Scheme
Scheme-k saseto
FMB: pO8 ‘ S 3 F
Hiproducea
Office, Second Sight and JFSA. The Working Group's role is to ensure the Scheme is run in a fair
and efficient manner. It will also be involved in making decisions on how particular cases should
more detailed information. Post Office will also provide additional information from its own
records.
recommendation on whether the case is suitable for mediation. The Working Group will however
take the final decision_on. cases.I _not be suitable for mediation.
The. Case Review should bring clarity to many cases.._Post Office may: contact. a Subpostmaster
di to discuss the Case Review and to seek closur: _outstai If solution
cannot be reached directly between Post Office and the Subpostmaster, both parties will then be
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The mediation process will be administered by an. indenendent mediation body -andd the mediator
panel of mediators will be nominated by the Working. Group.
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The Subpostmaster's role
In order for mediation to work, itis important that each case is properly investigated by Second Sight before
the mediation begins. It is therefore critical that each Subpostmaster provides complete and accurate
information to Second Sight in a timely manner.
If a-casean Application is suitableaccepted, the Subpostmaster will be asked to submit a more detailed
explanation of thehis/her case along with any supporting documents.-Second-Sight- may-then-contact
the_in the form of a Case Questionnaire. Subpostmasters will have 4 weeks to complete this Case
Questionnaire. Subpostmasters will receive guidance on the information required and may use a
professional advisor to help with this process. Second Sight may also contact a Subpostmaster (by
phone, letter or email) to seek more information or to clarify some matters.
The information provided in the Case Questionnaire is likely to be shared with Post Office so that
Post Office can make its own enquiries and provide further relevant information to Second Sight.
If the information
not provided promptly, it may mean that a case is not investigated or mediated. it is also very important
that the information provided is accurate and truthful.
Support for Subpostmasters
Post Office recognises that mediation will be unfamiliar to many Subpostmasters. It is therefore prepared
to make a financial contribution towards the reasonable costs that-a-Subpestmaster-may-incurin
bringingof a professional representativeadvisor (such as a lawyer or an accountant) te-a- mediation.
upporting a Subpostmaster through the Scheme.
vide-up to 1,500 + VAT towards the reasonable costs of a professional
advisor forassisting a Subpostmaster._during Second Sight's investigation (ie. gathering
information, completing the Case Questionnaire, responding to Second Sight's questions,
\I towards costs of a professional advisor in preparing for and attending a
half-day mediation or up to EXXX + VAT for a full day mediation.
Post Office will also pay the reasonable expenses of travelling to and from the mediation for a
Subpostmaster and. up to 2 representatives.
Subpostmasters will not be asked to contribute towards the costs of the mediator or the mediation venue.
Subpostmasters may engage a professional advisor to support-them-through-other-parts-of. the
Mediation Scheme,-such-as-preparing their submission to Second Sight. [However,Post-Office
will not contribute towards these.costs...J 6}.provide additional support in other
areas or in.excess of the above contribution levels however they will be responsible for these
costs, In exceptional circumstances, a Subpostmaster may make a written request to the Working
Group for additional financial support.
If, after Second Sight's investigation,-a-case-is-suitable for mediation_an Application is accepted,
the Subpostmaster will be sent a MediationEunding Agreement that will explain how Post Office will
provide this financial support.
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Further information
For further information, please see the enclosed Frequently Asked Questions.
it-you-have any other questions, please contact JFSATI
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Post Office Mediation Scheme
Frequently Asked Questions
ility for the Mediation Scheme
ility criteria for the Scheme?
You must meet both the following criteria.
First, your case must relate to a financial loss or unfair treatment that you believe you have suffered as a
result of: the Horizon system_or any associated issues.
e Post-Office's-b: A. ti in-relation-to-the-Hori: ti
§fSecondly, if a serving Subpostmaster wants to use the Scheme, he or she must have already raised
th ith Pe t Office's i SEE
My case is very old. Can I still mediate it?
Records-on-_HorizonPost Office's records only date back 7 years and therefore it may net-be
possiblemore difficult to investigate very old cases. As-such, Pest Office-may-_not-be-able-to-mediate
cases-that involve-events occurring before-4-January.2006.—_unless you are able to provide
- s
Youlf your case is very old, you may still submit yeur-caseit to Second Sight for consideration.
However Second Sight may decidei! if I p that your case is not
suitable for investigation or mediation.
What if my case has already been settled by Post Office?
You may put your case through the Scheme even if you have already entered into a settlement with Post
Office.
What if my case has already been considered by the civil courts and they have given judgment
against me?
You may put your case through the Scheme even if the Courts have already given judgment against you.
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What if my case involves a completed criminal prosecution or conviction?
You may put your case through the Scheme even if you have already received a Police caution or have
been subject to a criminal prosecution or conviction.
However, Post Office does not have the power to reverse or overturn any criminal conviction — only the
Criminal Courts have this power.
If at any stage during the Scheme, new information comes to light that might reasonably be considered
capable of undermining the case for a prosecution or of assisting the case for the defence, Post Office has
a duty to notify you and your defence lawyers. You may then choose whether to use that new information
to appeal your conviction or sentence.
What if my case is subject to on-going court proceedings?
Post Office reserves the right not to investigate or mediate any case which is subject to live court
proceedings.
When is the deadline for aApplications to the- Mediation Scheme?
Your application must be received before-[D:
Where should I send my Application?
Please either-use-the-Freepost-envelope-enciosed-with this-pack-or-sendemail your application to
How should I complete my application?
You-may-complete-the Application-by-hand.¥-you-would-preferto-use.a-computer, please-email
.j who-will send-you-a WORD. document version-of the-Application.The
Application Form can be downloaded from either the Second Sight or JFSA websites.
If you would prefer to complete the Application in hardcopy, please contact Second Sight (details
below) who will send you_a paper version of the Application Form.
If I'm not sure if my case is eligible, what should I do?
If you need advice on the Mediation Scheme please contact the JFSA.
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What is the Justice for Subpostmasters Alliance?
JFSA is an independent organization, established to raise awareness of the alleged problems within the
Post Office Horizon system. The organisation mainly comprises of ex-Subpostmasters.
http://www jfsa.org.uk/
(INS!
Second Sight Investigation
Wheat-are_is Second Sight?
Second Sight areis a firm of independent forensic accountants and fraud-examiners. who
haveinvestigators which has been engaged to investigate and report on the Horizon system.
http://www.secondsightsupport.co.uk/default.html
What is Second Sight's role?
review and report on the Horizon system and any associated issues.
As_a part of the Mediation Scheme, Second Sight will work with you to understandinvestigate your
case. Theylt will then liaise with Post Office to obtain_further information about-your-case,-before giving
theiran assessment of your case.
Some cases will be very complex. You should not therefore expect Second Sight to come up with definitive
answers to all questions. Theylt will however provide theirits best, impartial and reasoned assessment
based on the evidence available to-them.
What information do I need to provide to Second Sight?
At this stage, you just need to provide an-everviewpreliminary details of your case within your
Application Form.
If your case is eligible for the Mediation Scheme, Second Sight will send you a full Case Questionnaire to
complete. You need to provide as much detail about your case as possible in the Case Questionnaire
along with any supporting documents and other evidence._You will receive guidance on the
information required.
Can I use a professional advisor to help prepare my written submissions to Second Sight?
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Post Office will pay up to £1,500 + VAT towards the reasonable costs of a professional advisor
assisting you during Second Sight's investigation (ie. gathering information, completing the Case
Questionnaire, responding to Second Sight's questions, etc.).
You are solely responsible for any costs incurred before the Funding Agreement is signed or for
costs that are outside the scope of the Funding Agreement.
Will my case definitely get investigated by Second Sight?
Second Sight may not be able to consider cases that are more than 7 years old.as there may not-be
any-records-available to review.
The depth of Second Sight's investigation is very much dependent on the quality of the information
provided by you. The more specific and comprehensive you can be, the better chances of Second Sight
providing good answers.
If there is insufficient information for Second Sight to investigate a case, the case may not be investigated
or may not proceed to mediation.
How will Second Sight investigate my case?
Second Sight’s investigation will be principally based on information provided by you and Post Office. In
some cases, Second Sight may contact you or Post Office (by phone, email or letter) to discuss your case
or to request more information.
Second Sight.will seek to determine whether there was a problem with Horizon (or its-related-supportand
trainingany associated issue) that had an impact on you. If so, Second Sight will also try to determine
the scale and scope that impact on you case.
How long will it take for Second Sight to investigate my case?
We estimatelt is estimated that it will take between {1-43 months] from receipt of a properly
completed Case Questionnaire to investigate a case depending on its complexity.
What will Second Sight's findings reveal?
This very much depends on the nature of your case but Second Sight will provide the best assessment
possible based on the available information.
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However, you should bear in mind that Second Sight are independent of both Post Office and you. Their
investigation may therefore reveal information that could assist either you or Post Office.
In particular, the investigation into your case could reveal that you owe a debt or loss to Post Office. In that
circumstance, Post Office will be entitled to act on this information and seek to recover this loss from you.
Likewise, should-the investigation revealcould disclose information that may assist you in a claim
against Post Office.
Should Second Sight discover evidence of any criminal wrongdoing, Post Office may pass this
information to the Police, the GririnaiCrown Prosecution Service or seek to prosecute directly.
Will my case definitely be referred to mediation?
If your case is suitable and you provide accurate, detailed information to Second Sight, then this is likely in
most circumstances.
However, the Working Group may consider that some cases mayare not-be suitable for mediation. For
example, if there is insufficient information about a case or the case is not one requiring resolution.
Also, once Second Sight have submitted their findings, Post Office may contact you to discuss your case
and to seek a resolution without needing to attend mediation.
Ifyour case is not referred to mediation. then you may still pursue other methods of resolution
such as by bringing a claim through the Courts.
Mediation
What is mediation?
In essence, mediation is a face-to-face discussion between two parties. The discussion is chaired by a
neutral and independent mediator.
The purpose of mediation is to give each side the opportunity to explain their position. The mediator will
then discuss matters with both parties, sometimes together in the same room, sometimes privately with
each party.
The mediator's role is to help the parties find common ground. Where common ground cannot be reached,
the mediator will help the parties accept their differences and then try to find a resolution to those
differences.
Who is the mediator?
The mediator is a neutral individual who Specialises in resoving disputes between parties. Typically,
mediators are independent a
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The. Working Sroup.wil he. Aominaling apanel of: suitable. mediators. -Amediator ftom, this. panel
mediator wil will be selected by the Mediation Administrator.
Who i Mediation Admini >
The Working Group will be nominating a Mediation Administrator. This will be an independent
body specialising in providing mediation services,
The Mediation Administrator's role will be to organise the mediation process by helping the parties
chose a mediator and by finding an appropriate location and time for the mediation.
What powers does the mediator have?
The mediator's role is to facilitate a discussion between you and Post Office. He/she is there to help the
parties find a solution to their disagreement.
The mediator cannot order the parties to do anything or to impose an outcome on the parties.
What will happen on the mediation day?
The course of events at the mediation will be set by the mediator. The mediator will look to use the time
available at the mediation in the most productive way possible.
Atypical mediation will run.as follows:
. The parties arrive at the venue and are each allocated separate private rooms.
. The mediator arrives and introduces himself to each party separately.
. The parties convene in a joint meeting. Each party or their representative makes a short opening
statement (lasting just a few minutes) setting out their position.
. The mediator then chairs a discussion between the parties about the issues to be considered.
. The parties retire to their separate rooms. The mediator speaks separately to each party about
their thoughts and opportunities for resolution.
. The mediator may then-take-messagesassist negotiations between the parties in an attempt to
agree a solution.
appropriate.Further face-to-face meetings may be held between various people at the
ie
. If a deal is reached, the mediator may help the parties to draw up a settlement agreement.
Who attends mediation?
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There are no strict rules on who can attend. However it is usual to have only 2 or 3 people representing
each side. You may bring with you anyone you consider appropriate. However, Post Office will only pay
reasonable travelling expenses for you and 2 representatives.
Can I bring a professional advisor to the mediation?
Yes — you may bring a professional advisor, such as a lawyer or accountant, to the mediation
Who will pay for my professional advisor to attend the mediation?
Post Office will make a contribution towards the reasonable costs of a professional advisor
VAT.-Thi tribution-is-t di dvi 16-4 ing-fe dattendi
. ¥ preparing gS
¥ fassional-advi ii-be-able-to-invoice Rost Office-direct-for-thi tributi
p
Any-professional advisor. costs in excess of this contribution .will-be-payable by you.-Post Office is,
notliable-for-any- professional -advisor-costs-(incliding fees, expenses-or-disbursements}-or-any.
th: " m: f-the-ab tribution level
¥ ¥ i
Following-Second-Sight’s- investigation, if your-case.is-suitable for-mediation,-you
made after Second Sight has produced its Case Review.
Youare sae ae costs incurred before the Mediation Funding Aareementis
Will Post Office pay my expenses of travelling to the mediation?
Yes — Post Office will pay the reasonable expenses for you and up to 2 representatives to travel to the
mediation. Full details of this support will be provided in your Mediation Eunding Agreement.
*Whatis a Mediation Agreement?*
above.
sidered.suilal
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How long will the mediation last?
In most cases, the mediation will last about half a day (4 hours). For complex cases, the mediation may
last a full day (8 hours).
Where will the mediation be held?
The mediation will be held in a set of meeting rooms at an appropriate venue. The venue will be selected
depending on the location of the mediator and the parties. Post Office will seek to find a venue within 3
hours travel of where you live, but this cannot be guaranteed in all situations.
When will the mediation happen?
The precise date depends on your availability and the availability of the mediator and Post Office. We
estimate-thatIhe aim is to hold most mediations will-be-conducted-within months] of receipt of
your Application Form.
The Mediation is likely to happen on a weekday so you may need to take time off work.
Will Post Office compensate me for taking time off work to attend mediation?
No.
How might my case be resolved?
The advantage of mediation is that the parties can agree any solution imaginablethat is legal, realistic
and enforceable. Post Office is keeping an open mind to all possibilities for resolution.
If a resolution is reached by the parties, then this is likely to be drawn up into a formal settlement
agreement for you to sign.
*Componsation-is-one-por put-this.will-depend-on.what
What if my case is not resolved at mediation?
If your case is not resolved at mediation, you are free to pursue any other method of resolution, including
through the Courts.
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Information about my case
Will Second Sight share my information with Post Office?
Yes — Second Sight need to share your information with Post Office in order to investigate your case.
Why are details of my case being shared with JFSA and MPsmy MP?
JFSA are part of athe wWorking gGroup, alongside Second Sight and Post Office, who will be monitoring
the Mediation Scheme.
The Mediation Scheme is also being kept under review by a group of MPs led by the Rt Hon James
Arbuthnot MP. Ht-is-therefore-necessary-to-pass-details-about-cases Your MP may therefore request
details of your case. However, details of your case will only be communicated to your MP and_not
to other MPs.
Will my case be kept confidential?
Both you and Post Office must endeavour to keep details of your case confidential however details of your
case may be discussed with:
. Second Sight
@.- MPs. who.are-monitoring the Mediation Scheme
. Your MP
. JFSA
. Professional advisors
. The-media-where-a-case.comes under public scrutiny. With other appropriate persons
where you have already made public statements about your case.
However, all matters discussed in the actual mediation will be strictly confidential and subject to "without
prejudice" privilege. This means that the matters discussed during a mediation cannot be disclosed to any
third party or. to any Civil Court.
This protection allows both parties to speak freely in the mediation room, without risk of their words being
repeated back to them in public or in Court. Under this protection, the parties can then accept
responsibility for their actions and make concessions in order to move towards a resolution.
In relation to criminal matters, the issues discussed at mediation can be used in subsequent
criminal proceedings. indeed, Post Office’ © jets
Can Second Sight's pre-mediation findings be used in subsequent Court proceedings?
Yes. A Subpostmaster may use Second Sight's findings against Post Office in later Court proceedings.
However, the investigation into your case may reveal that you owe a debt or loss to Post Office. In that
circumstance, Post Office will be entitled to act on this information and seek to recover this loss from you.
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Likewise, should the investigation reveal any criminal wrongdoing, Post Office may pass this information to
the Police, the CriminaiCrown Prosecution Service or seek to prosecute directly.
The matters discussed at the actual mediation cannot be later used in later Civil Court proceedings but
might be disclosable in the Criminal Courts.
Other questions
What is the Working Group?
The Scheme is being supervised by a Working Group comprising representatives from Post
Office, Second Sight and JFSA._The Working Group's role is to ensure the Scheme is run in_a fair
and efficient manner._It will also be involved in making decisions on how particular cases should
be managed through the Scheme,
Is it possible that the structure of the Scheme may change over time?
Yes — the Working Group is tasked with making sure that the Mediation Scheme is operating
effectively, It may therefore be necessary to revise the Scheme as appropriate.
Yourlegal position
What is the effect of the Mediation Scheme on my legal position?
You are not waiving any of your legal rights by submitting information to Second Sight or attending a
mediation.
Your legal rights will only be affected if you settle your case against Post Office in a written agreement.
The Funding Agreements and the Mediation Agreement may contain some obligations on you
such as duties to keep information confidential.
Am I obliged to mediate my case?
No — the Mediation Scheme is voluntary.
Post Office will not use the fact that you have not mediated your case (or may have pulled out part
way through the Scheme) against you in any future Court proceedings.
Can I pull out part way through the Mediation Scheme?
Yes — at any time you may send a letter or email to JFSA confirming that you no longer wish to be part of
the Mediation Scheme. Should you pull out of the Scheme, you may not be able to re-join the Scheme ata
later date.
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What happens if I pull out?
Second Sight will stop their investigation into your case.
If you pull out before signing a MediesosEunding Agreement you will be responsible for any professional
A£unding Agreement is a contract between you and Post Office under which Post Office commits
lenath of the mediation) towards the costs of a professional adulsor attending mediation.on your
behalf
Until you sign a Funding Agreement, Post Office is not responsible for any costs that you may
nt after Se
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Post Office Mediation Scheme
Application Form
For Second Sight use only
Case ref:
Your Details
Surname: Forenames:
Your address:
Postcode:
Telephone number_4: . Email address:
Telephone number 2:
My current Member of Parliament is:
Your Branch
Please insert the details of the branch where you worked. If you worked at more than one branch, please
provide details on an extra sheet of paper.
Name of branch: : FAD Code of branch:
Address of branch:
Postcode:
Your role at the branch (ie. Subpostmaster, Subpostmistress, clerk, etc):
When did you begin in this role: Are you still in this role?
O YES
ONO
at
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If no, when did you leave this role:
Case Overview
ls your case (or any part of it) currently subject to on-going criminal proceedings (including the issue of a
summons. sentencing hearings or a confiscation order)?
0 YES — you may still submit your case, but Second Sight may not be able investigate it whilst criminal
proceedings are on-going.
ONO
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Declaration
I acknowledge that:
. As part of the Mediation Scheme, I must promptly provide information about my case to Second
Sight. If I do not provide full information in a timely manner,
investigate or mediate my case.
it may not be possible to
. Information I provide about my case or the findings of Second Sight's investigation may help reach
a resolution with Post Office but that it may also reveal further claims against me.
. I am netonly entitled to any-financial support from Post Office unless-my-case-proceeds-to
mediation-andif I have signed a MediationEunding Agreement.
I confirm that:
. Post Office may communicate details of my case to Second Sight, JFSA, Mermbersmy Member of
Parliament,.and/or its professional advisors-and,-as-necessary, the-media.
. The facts and matters set out in this Application are true and accurate to the best of my knowledge
and belief.
I confirm that I am:
O Currently serving as a Subpostmaster and have already raised my case with Post Office and have
completed all Post Office's internal complaint processes.
O Not currently serving as a Subpostmaster.
(Please tick one box)
If you are unable to give all the above acknowledgements and confirmations, your case may not be eligible
for the Scheme. In that circumstance, please contact the Justice for Subpostmasters Alliance for
assistance.
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This Application Form and your involvement in the Mediation Scheme do not create any legally binding
contract or obligations between Post Office and you.
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[TO GO ON SECOND SIGHT LETTERHEAD]
[SPMR NAME]
[SPMR ADDRESS]
[DATE]
Ref [INSERT CASE REFERENCE NUMBER]
Dear [Mr / Mrs / Ms / Miss NAME]
Post Office Initial Mediation Scheme
Thank you for your Application to the Post Office
your Application has been accepted.
( Q
Mediation Scheme._I! am pleased to confirm that
Please find enclosed a Case Questionnaire_and guidance on how to complete it.
This Questionnaire will set the foundation for our investigation and so I should be grateful if you could
complete this-Questionnaireit in as much detail as possible. The more information you provide, the
deeper and more useful our investigation will be.
Please also provide supporting documentation where possible. Written evidence is a powerful tool in our
investigation and allows us to explore your case in more detail.
In particular, we should be grateful if you would provide information about:
. {INSERT LIST OF ISSUES / SPECIFIC QUESTIONS]
In order to investigate your case, we do need to be able to fully understanding your concerns. We may
therefore contact you (by phone, email or letter) to discuss your case.
If you are unable to provide sufficient information or information is not provided in a timely manner, we-may
decide-notto-investigate-your-case,-your case may not be investigated.
As a reminder, in order to be eligible for investigation, your case must relate to a financial loss or unfair
treatment that you believe you have suffered as a result of:the Horizon system or an associated issue.
——The Horizon-systemCase Questionnaire can also be downloaded from [I
e—_ Post Office's. branch operating processes. in-relation.to the Horizon-system
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Please find enclosed an Investigation Funding Agreement._This Agreement describes the
financial support being offered by Post Office so that you may engage a professional advisor to
assist you during our investigation into your case.
ot ‘Office's training < On nthe Horizon system, Also enclo: ed i isa list of possible
Youa u a
Scheme-at any-time.-do not need to select an advisor from the Scheme. ‘Advisors Panel Your may
engage any other professional advisor of your choosing.
Please-raturn-your Case Questi
More information on selecting an advisor and Post Office's financial support can be found in the
enclosed} FAQs.
like-t let Questi i ter,-pl it
and-we-will_send-you-a WORD-varsion-of the Questionnaire. wish to take up Post
ffer of financial support, please ign the Investigation Funding Agreement and return it to
Second Sight at the above address. We recommend that you take a copy of the signed Agreement
for your own records,
Please note that you are not entitled to any financial support until you have si
the enclosed Investigation Funding Agreement. You are solely responsible for any costs incurred
before signing the Investigation Funding Agreement.
Yours faithfully
(INSERT
Enclosures
1 Case Questionnaire_+ Guidance
F - P
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2 SPMR ~ Ineligible]
[TO GO ON SECOND SIGHT LETTERHEAD]
[SPMR NAME]
[SPMR ADDRESS]
[DATE]
Ref [INSERT CASE REFERENCE NUMBER]
Dear [Mr/ Mrs / Ms / Miss NAME]
Post Office Initial Mediation Scheme
Thank you for your Application to the Post Office Mediation Scheme.
Having reviewed your Application, we-dot not believe that your case is eligible to
take part in the Mediation Scheme because [INSERT REASON].
Before coming to thic-decision, we -have-diggucsed. -your-Application with the
st I any questions bout eurthis decision, please contact ‘the
AILS
Yours faithfully
ar
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Date: [INSERT DATE ON SIGNING]
Parties
1____INAME OF SUBPOSTMASTER] (the Subpostmaster)
2 Post Office Limited (Post Office)
1_____Background
4.4 The Post Office has established a mediation scheme whereby the concerns of
subpostmasters and counter clerks employed by Post Office in relation to Post Office's
Horizon IT system (and associated issues) can be investigated and mediated (the Scheme)
postmaster is now required to investigate and I
Support Limited ht).
1.3___Post Office has agreed to make certain financial support available to the Subpostmaster in
relation investigating the Subpostmasters' concerns as part of the Scheme.
2 invéstigatign's
24 Subject to clause 1.3, Post Office will pay the reasonable costs (including fees, expenses
investigating and presenting his concerns as part of the Scheme up to a maximum of
£1,500 + VAT (the Contribution),
2.2 __AProfessional Advisor means:
2.2.4______A qualified solicitor or barrister holding a current practising certificate;
2.2.2 A qualified accountant; or
2.3. Post Office will only be liable to make the Contribution:
name of the Subpostmaster but marked as payable by Post Office Limited and
fora. sum.no greater than the Contribution; and.
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_after the services of the Professional Advisor have been rendered, which for the
avoidance of doubt means that Post Office has no obligation to make any
advance payment, payment on account or similar such payment.
Terminati
3.1 If the Subpostmaster gives written notice to Second Sight that he/she no longer wishes to
be part of the Scheme, this Agreement will immediately terminate.
Contribution,
4 Post Office's responsibilities
This Agreeme
4.2.2 hose costs of a Professional Advisor which are not reasonable; or
*
4.2.3. .
cs
*Post Office shall not-be liable to the Subpostmaster in any way whatsoever in relation to
the recommendation, selection and/or performance of the Subpostmaster's Professional
Advisor.
in relation to the subject m matter rof this ‘Agreement Each party vy acknowledges that it has
not entered into this Agreement in reliance wholly or partly on any warranties, assurances.
tatements, undertakings representations or misrepresentations made by or on behalf of
the other party (whether orally or in writing) other than as expressly set out in this
at
5.4
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§,3.3___.to Post Office's shareholders and _ultimat
Subpostmaster Alliance;
5.3.6 the Subpostmaster's Member of Parliament; or
5.3,7__where such information has already been put in the public domain by the other
Party i f this cl
Any variation of this Agreement shall be in writing and.signed under hand.by or on behalf
of each party.
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(3A: Le SPMR = Suitable for Mediation]
[TO GO ON SECOND SIGHT LETTERHEAD]
[SPMR NAME]
[SPMR ADDRESS]
[DATE]
Ref [INSERT CASE REFERENCE NUMBER]
Dear [Mr/ Mrs / Ms / Miss NAME]
Post Office Initial Mediation Scheme
We are pleased to enclose our Case Review which sets out our findings following our investigation into
your case.
In summary, our findings are:
. {INSERT FINDINGS]
On the basis of these findings, we-believethe Work
mediation. We have therefore passed your case to {f
Mediation Administrator. Details of the Mediation Administrator are enclosed. They willbe in
contact with you shortly with information on the mediation process and a Mediation Agreement for your
review-and signature.
The Mediation Agreement will contain. details. of the financial -support-that will be offered by Post
Office-to-you-in-order-that-you-may- engagea professional advisor to-attend-the-mediation-as. your
representative."Post Office ma 2 y.fo discuss our Case R: fos
u ng to atte
We remind you that you are not obliged to attend mediation and may leave the Mediation Scheme at any
time. *Past-Office may.aise.conlact-you-dirsatly.io-discuss-cur-Case.-Review.an seek atesalution
seding to.attend.mediation.“To leave the Scheme, please confirm this in writing to the
You do not need to select an advisor from the Scheme Advisors Panel. You may engage any other
professional advisor of your choosing. If you have already engaged a professional advisor to
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support you during Second Sight's investigation, you may continue to use that person as your
More information on selecting an advisor and Post Office's financial support can be found in the
enclosed FAQs,
lease sign the Func A nt
hat you take a copy of the Funding
have signed and returned
Thank you for your time and support in assisting our investigation into your.case.
Yours faithfully
(INS:
Enclosure
1 Case Review
2 Details of the Mediation Administrator
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SPMR for Mediation]
[TO GO ON SECOND SIGHT LETTERHEAD]
[SPMR NAME]
[SPMR ADDRESS]
[DATE]
Ref [INSERT CASE REFERENCE NUMBER]
Dear [Mr/ Mrs / Ms / Miss NAME]
Post Office Mediation Scheme
We are pleased to enclose our Case Review which sets out our findings following our investigation into
your case.
In summary, our findings are:
. {INSERT FINDINGS]
On the basis of these findings, we-dethe Working Group does not believe that your case is suitable for
mediation because [INSERT DETAILS].
Before-coming-to this decision, we have discussed your Application-with-the-Justice-for
Subpostmasters Alliance Your case will not therefore be mediated under Scheme. You may still
look to pursue your case throu js ingi i
the courts.
If you have any questions about eurthis decision, please contact the JFSA
Thank you for your time and support in assisting our investigation into your case.
Yours faithfully
Enclosure
1 Case Review
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2 Post Office Limited (Post Office)
Together the Parties
1____Background
44. Adispute has arisen between the Parties as set out in the Case Review of Second Sight
dated [INSERT DATE] with case reference number [INSERT REF]
1.2____The Parties have agreed to try to resolve their dispute by way of mediation (Mediation) and
have entered or will shortly enter into a separate agreement to govern that Mediation (the
Mediation Agreement).
1,3____Post Office has agreed to make certain financial support available to the Subpostmaster in
- Mediati
2 Mediation
24 Subject to clause 1.3, Post Office will pay the reasonable costs (including fees, expenses
and disbursements) of a Professional Advisor advising on, preparin: i
Mediation on behalf of the Subpostmaster up to a maximum of £XXX + VAT (the
2.2. A Professional Advisor means:
2.2.2 A qualified accountant; or
2.2.3 Such other suitably qualified person that Post Office has (in its sole discretion)
Post Office will only be liable to make the Contribution:
2.3.4 in respect of costs incurred whilst this Agreement is in effect;
~Parties are still subjectto alive Mediation Agreement: ==——sStS~S~*
2.3.3 on production of a proper VAT invoice from the Professional Advisor in the
name of the Subpostmaster but marked as payable by Post Office Limited and
for a sum no greater than the Contribution; and
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_-after the services of the Professional Advisor have been rendered, which for the
ation to make any
advance payment, payment on account or similar such payment.
2:3,4...
is
rs
Termination
44 If the. Subpostmaster gives written notice to the Mediation Administrator that he/she no
longer wishes to be part of the Scheme or the Mediation As
eee NCTC terminate.
Professional, Advisor in any ‘way whatsoaver,
5.2. Other than the Contribution and Reasonable Travel Expenses, Post Office shall not be
liable for any other costs or expenses incurred by the Subpostmaster including without
Sedet_——_Thhe 20506 (ac ug expenises.and disbursements) of a Professional Advisor in of the Contribution:
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[hose costs of a Professional Advisor which are not reasonable;
5.2.3 The costs of any other advisor who is not a Professional Advisor; or
5.3. Post Office shall not be liable to the Subpostmaster in any way whatsoever in relation to
the recommendation, selection and/or performance of the Subpostmaster's Professional
Advisor,
6____.General
6.1 This Agreement is subject to English Law and the Courts of England and Wales shall have
exclusive jurisdiction to hear and determine all claims, disputes and differences that may
This Agreement.constitutes the entire underst Land. agreement between. arties
in relation to the subject matter of this Agreement. Each party a pueen the nantes
not entered into this Agreement i in reliance wholly or partly on any warranties, assurances.
is representations or misrepresentations made by or on behalf of
the other party (whether orally or in writing) other than as expressly set out in this
Agreement, Nothing in this clause 4,4 shall limit or exclude any liability for fraud.
6.3.4 to the parties’ respective auditors, insurers and lawyers on terms which
preserve confidentiality:
6.3,2_____pursuant to an order of a court of competent jurisdiction or to a proper demand
made by any competent authority;
6.3.5 to senior representatives. of and professional advisors to the Justice for
6.3.6. the Subpostmaster's. Member of Parliament; or
6.3.7 where such information has already been put in the public domain by the other
Party i f thi
6.4___ Any variation of this Agreement shall be in writing and signed under hand by or on behalf
of each party.
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4“
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Mediation Agreement
Date: [INSERT DATE ON SIGNING]
Parties
theo
4(NAME OF SUBPOSTMASTER] (the Subpostmaster)
i
2-Post Office Limited (Post Office)
Together the Parties
1 Dispute
A dispute has arisen between the Parties as set out in the Case Review of Second Sight dated [INSERT
DATE] with case reference number [INSERT REF]
41.4____The Parti *
Appointment-ofEstablishing the Mediatiorn
1.2____The administration of the Mediation shall be managed by the Mediation Administrator.
1.3 The Mediation Administrator will provide the Parties will list of possible mediators along
with their CVs, locations and dates of availability (the Mediation Panel)
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I
*Nediation Preparation*
fhe Mediation, the Mediator may communicate
24 **ror to
22
trator, a concise summary of
parting documents. *
2.3
2.4 should. they
inform
25
3 3-Participants
3.14 3.4-There shall be at least one representative trom each Party pregent at the Mediation who shall
have authority to settle the. Dispute.
3.2 3.2-Each Party shall notify
er-provide
1e-Mediator
ather- Party.
sonfidenti
isedte.dose.*
netabletor
45 Ths
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The Mediation
eS}" based-on.
iy, bility local
5.2. willliaise-withthe-Partiesto-select-atime-and
venue -for.the Mediation.
34 §.3-The Mediator shall chair the Mediation and suggest the procedure to be followed with the aim
of providing the Parties with the best opportunity of reaching a resolution.
35 5.4.The Mediator may meet with each Party or some or all of their representatives alone in private
meetings, or together with the other Party or Parties (or some or all of its or their representatives) in
joint meetings.
3.6 5.5-No transcript or other recording of the Mediation shall be made.
5.6———-Any* Pa! z : tany-time-by-giving notice -t ¥
other Party and the Mediator.
3.7 5.7-Should at any time the Mediator conclude that continuing the Mediation is unlikely to be
beneficial he may, after consultation with each Party, bring it to an end.
oe
4.4 Should a Party fail to comply with its obligations under this Agreement, the Mediation
Administrator may give a written notice that Party requiring it to correct its failure within a
- i
any. time By giving written, notice to the other Party and the Mediation Administrator.
5 ___6- Confidentiality
5.1 6.4-The Parties, the Mediator, y the Mediation
Administrator and anyone else attend 1g or involved in the me iation will ‘keep confidential and
treat as privileged all information disclosed to them prior to and during the Mediation and shall not
disclose such information to any other person.
52 6.2-Information disclosed by one Party or on its behalf to the Mediator in the absence of any other
Party, whether disclosed prior to the Mediation or at the Mediation, shall not be disclosed by the
Mediator to any other Party or person without the specific consent of the Party disclosing the
information.
5.3 6.3-The obligations of confidentiality shall not apply to any Party or Mediator to the extent that
disclosure of information is required to be made to the Court, professional advisors or is otherwise
required by law.
5.4
6.4.The obligations contained in this paragraph bind all those present at the Mediation_and will
- ff ifthi b - : —
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Such-other- suitably qualified person that Post Office has.{in- its sole discretion)
approved-in-writing-before the Mediation.
7.3.4-on-produstion-of.a-proper- VAT invoice-trom-the Professional Advisor-in-the
name-of the Subpostmaster_ but marked-as- payable by Post Office Limited-and
for-a-sum-no-greater-than-the-Contribution; and
73.2 fter-the i £the Professional Advisor-have-b d hich-for-th
rable Travel
pals *Reasonable Travel-&:
ie thinayelling by carols the costs of par
ohtraveltnat- Rost-Ofice-A A) approvedin
o-Mediaion*
trayel-bythe
sjectig. Subpestmaster*using- fis* HS ase snable-endeavour
senkinethed possibie-eg “
Office with rec
Office-sh
a-properly.decum:
--Post-Office shall not-be-liable for anyother.costs.or-expenses.incurred-by-the
Subpostmaster including without-limitation:
94 Th ts-(including-expenses-and-disbursements)-of a- Professional Advi
excess-of the Contribution,
7.9.2--Fhose-costs-of a Professional Advisor-which-are-not-reasonable.
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7.9:3———*Tho.costs-o! ther-advisor-who.is-not-a-Profe ai Advisor."
General
Each Party agrees that it will not call or take steps to call the Mediator as a witness in any judicial or arbitral
proceedings in any way connected with the Dispute or Mediation, or seek disclosure at any time of
any notes taken by the Mediator at or in connection with the Mediation.
No agreement reached at the mediation shall be binding on the Parties unless and until reduced to writing
and signed by or on behalf of the Parties.
The Mediator shall not be liable to any of the Parties for any act or omi: or default of the Mediator in
connection with the Mediation and the services rendered to the Parties in connection therewith,
unless the act or omission or default is shown to be fraudulent or I bad faith.
This Agreement shall be subject to English Law and the Courts of England and Wales shall have exclusive
jurisdiction to hear and determine all claims, disputes and differences that may arise out of or in
connection with this Agreement and the Mediation.
55 RS} shall be entitled to enforce
8.6-The Mediator and-{i
Signed:
Subpostmaster For and on behalf of Post Office Limited
Jame:
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Document comparison by Workshare on 09 August 2013 2
Document 1 ID
interwovenSite://DMSCLUSTER/4A-LIVE/27225123/3
Description #27225123v3<4A-LIVE> - Mediation Pack
Document 21D _IinterwovenSite://DMSCLUSTER/4A-LIVE/27225123/4
Description #27225123v4<4A-LIVE> - Mediation Pack
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