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POST OFFICE MEDIATION SCHEME
MEDIATION PACK
DRAFT - CONFIDENTIAL AND COMMERCIALLY SENSITIVE
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[1A: COVERING LETTER TO SPMR]
[TO GO ON POST OFFICE LETTERHEAD]
Dear Sir or Madam
Post Office Mediation Scheme [DOICOMMSIHAVEIAINAME!FORMTHIS2)
As you may 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 processés 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 Officesetup an Inquiry into Horizon. Second Sight were appointed to
lead this Inquiry and have been working with a number of Subpostmasters for over 12 months. A copy
of Second Sight's interim report is enclosed with this letter.
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 direct to Post Office. In partnership with
Subpostmasters, theYFSA, 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.
If you wish to take part in the Scheme you should:
. Carefully read the information enclosed with this letter.
. Complete and return the enclosed Application Form using the Freepost envelope provided.
You are not obliged to submit your case through the Mediation Scheme and you may leave the Scheme
at any time. All your legal rights will remain in full force, whether or not you choose to enter the
Mediation Scheme.
Your Application Form must be received by Post Office by (GUBOfidate] if you wish to be involved in the
Mediation Scheme.
If ra have any questions, please contact the Justice for Subpostmasters Alliance (INSERMCONTAGT)
Yours faithfully
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Enclosures
1 Application Form
2 Mediation Scheme Guide
3 Second Sight Interim Report
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Overview of the Post Office Mediation Scheme
The Post Office Mediation Scheme
The Post Office Mediation Scheme has been setup to help resolve the concerns of Subpostmasters
regarding the Horizon system and its training and support 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) anda group of MPs led by the Rt
Hon James Arbuthnot MP, Post Office setup an Inquiry into Horizon.,Second Sight were appointed to
lead this Inquiry and have been working with a number of Subpostmasters for over 12 months. A copy
of Second Sight's interim report is enclosed with this letter.
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 direct to Post Office. In partnership with
Subpostmasters, the JFSA, and interested MPs, all sides:can then work towards resolving those
concerns.
This Scheme has been approved by Second Sight, the Rt Hon James Arbuthnot MP and the Justice for
Subpostmasters Alliance.
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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Eligibility
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 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
. Post Office's branch operating processes in relation to the Horizon system
. 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
Post Office and have completed all Post Office's internal complaint processes.
The Scheme
The starting point for the Mediation Scheme is for Subpostmasters to submit details of their case to
Second Sight. Second Sight will then work witheach Subpostmaster and Post Office to gather
information about and investigate that case. As a resultof this investigation, Second Sight will produce
a Case Review summarising its findings. Post Office and the Subpostmaster will then attend mediation
to discuss Second Sight's findings and to seek to find a solution to the Subpostmaster's concerns.
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The Subpostmaster's role
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In order for mediation to work, it is 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 case is suitable, the Subpostmaster will be asked to submit a more detailed explanation of the case
along with any supporting documents. Second Sight may then contact the Subpostmaster (by phone,
letter or email) to seek more information or to clarify some matters.
If the information is insufficiently detailed or information is not provided promptly, it may mean that a
case is not investigated or mediated.
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 costs that a Subpostmaster may incur in bringing
a professional representative (such as a lawyer or an accountant) to ‘a mediation.
Post Office will provide up to £™M& + VAT towards the reasonable costs of a professional advisor for a
Subpostmaster.
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 advisorto 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.
If, after Second Sight's investigation, a case is suitable for mediation, the Subpostmaster will be sent a
Mediation Agreement that will explain/how Post Office’will provide this financial support.
Further information
For further information, please see the enclosed Frequently Asked Questions.
If you have any other questions, please contact JFSA [INSERMCONTACTDETAILS)
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(To BE Post OFFICE BRANDED)
Post Office Mediation Scheme
Frequently Asked Questions
Eligibility for the Mediation Scheme
What are the eligibility 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
. Post Office's branch operating processes in relation to the Horizon system
. 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
Post Office and have completed all Post Office’s internal complaint processes.
My case is very old. Can I still mediate it?
Records on Horizon only date back 7 years.and therefore it may not be possible to investigate very old
cases. As such, Post Office may,not be able to mediate cases that involve events occurring before 1
January 2006.
You may still submit your case.to Second Sight for consideration. However Second Sight may decide
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 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 applications to the Mediation Scheme?
Your application must be received before (Bate).
Where should I send my Application?
Please either use the Freepost envélope enclosed with this pack or send your application to (INSERM
How should I complete my application?
You may complete the Application by hand. If you would prefer to use a computer, please email
who will Send you a WORD document version of the Application.
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.
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/
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Second Sight Investigation
Who are Second Sight?
Second Sight are independent forensic accountants and fraud examiners who have been engaged to
investigate and report on the Horizon system.
http://www.secondsightsupport.co.uk/default.htm!
What is Second Sight's role?
Second Sight will work with you to understand your case. They will then liaise with Post Office to obtain
information about your case, before giving their 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. They will however provide their 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 overview of your case with 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 yourycase as possible in the Case Questionnaire
along with any supporting documents and other evidence,
Can I use a professional advisor to help prepare my written submissions to Second Sight?
Yes — you may use a professional advisor to help present your case to Second Sight. (SUBPORTFGRI
]
If your case goes forward to mediation, Post Office will then offer contribute towards professional
advisor costs in relation to preparation for and attendance at that mediation.
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.
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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 support
and training) 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 estimate that it will take between [MB4lMOnins] 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.
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 reveal any criminal wrongdoing, Post Office may pass this information
to the Police, the Criminal 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, some cases may 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.
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.
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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 resolving disputes between parties. Typically,
mediators are independent lawyers. Under the Scheme, Post Office will be using a panel of mediators
from (INSERT MEDIATION CHAMBERS IF BEING USED]
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 setby the mediator. The mediator will look to use the time
available at the mediation in the most productive way possible.
A typical 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 meetings,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 messages between the parties in an attempt to agree a solution.
. The mediator or the parties are free at any time to suggest further face-to-face meetings if
appropriate.
. If a deal is reached, the mediator may help the parties to draw up a settlement agreement.
Who attends mediation?
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
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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 up to BMX +
VAT. This contribution is towards your advisor's costs in preparing for and attending mediation.
Your professional advisor will be able to invoice Post Office direct for this contribution.
Any professional advisor costs in excess of this contribution will be payable by you. Post Office is not
liable for any professional advisor costs (including fees, expenses or disbursements) or any other costs
you may incur in excess of the above contribution level.
Following Second Sight's investigation, if your case is suitable for mediation, youwill be sent a
Mediation Agreement for you to sign and more information about Post Office's contribution towards the
costs of your professional advisor.
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,fepresentatives to travel to the
mediation. Full details of this support will be provided in your, Mediation Agreement
What is a Mediation Agreement?
A Mediation Agreement outlines the basic principles of the mediation,process. It also contains the
obligation on the parties to keep the Mediation discussions confidential. Finally, the Mediation
Agreement will also set out Post Office’s commitment to provide the financial support described above.
You will be sent a Mediation Agreement after Second Sight’s investigation is complete and your case is
considered suitable for mediation.
How long wilhthe 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 that most mediations will be conducted within [(@2SIMOMINS] of receipt of your Application Form.
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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 imaginable. 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.
Will I receive compensation through the Mediation Scheme?
Compensation is one possible solution that could be agreed by the parties but this will depend on what
happened in your case.
What if my case is not resolved at mediation?
If your case is not resolved at mediation, you are free topursue any other method of resolution,
including through the Courts.
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 MPs?
JFSA are part of a working group, 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. It is therefore necessary to pass details about cases to your MP and 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
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. Your MP
. JFSA
. Professional advisors
. The media where a case comes under public scrutiny.
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 has a duty to disclose to you and your defence counsel, any new
information which comes to light that might reasonably be considered capable of undermining the case
for a prosecution or of assisting the case for the defence.
Can Second Sight's 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 aidebt 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 reveal any criminal wrongdoing, Post Office may pass this information
to the Police, the Criminal 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 disclosble in the Criminal Courts.
Your legal 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.
Am I obliged to mediate my case?
No — the Mediation Scheme is voluntary.
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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 at a later date.
What happens if I pull out?
Second Sight will stop their investigation into your case.
If you pull out before signing a Mediation Agreement, you will be responsible for any professional
advisor's costs you have incurred. If you pull out after signing a Mediation Agreement, Post Office will
still make its contribution towards your professional advisors' reasonable costs.
Post Office Mediation Scheme
Application Form
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For Second Sight use only
Case ref:
Your Details
Surname: Forenames:
Your address:
Postcode:
Telephone number:
Email address:
My 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
If no, when did you leave this role:
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Case Overview
Is your case (or any part of it) currently subject to on-going criminal proceedings (including sentencing hearings
or a confiscation order)?
O YES — you may still submit your case, but Second Sight may not be able investigate it whilst criminal
proceedings are on-going.
ONO
I aataeeaaennaaaaaaaaar aaa
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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, it may not,be possible to
investigate or mediate my case.
. If my case is over 7 years old, it may not be possible to investigate or mediate it.
. 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 not entitled to any financial support from Post Office unless my case proceeds to mediation
and I have signed a Mediation Agreement. [
I confirm that:
. My case relates to the Horizon system,.Post Office's branch operating procedures in relation to
Horizon or Post Office's training in relation to.Horizon.
. Post Office may communicate details of my case to Second Sight, JFSA, Members of
Parliament, its professional advisors and, as necessary, the»media.
. The facts and matters set,out inthis 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.
This Application Form and your involvement in the Mediation Scheme do not create any legally binding
contract or obligations between Post Office and you.
Signed
Name
Date
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[2A: Letter to SPMR - Eligible]
[DATE]
Ref (INSERT CASE REFERENCE NUMBER]
Dear [I Ms / Miss NAME}
Post Office Mediation Scheme
Thank you for your Application to the Post Office Mediation Scheme. I am pleased to confirm that your
Application has been accepted.
Please find enclosed a Case Questionnaire. This Questionnaire will set the foundation for our
investigation and so I should be grateful if you could complete this'Questionnaire 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. Writtemevidence 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 / SPECIF
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 not to investigate your case.
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
. Post Office's branch operating processes in relation to the Horizon system
. Post Office's training on the Horizon system.
You are not obliged to submit your case through the Mediation Scheme and you may leave the Scheme
at any time.
Please return your Case Questionnaire by (date) (USin@lhel=rS=poslenveloperenclosed).
If you would like to complete your Questionnaire using a computer, please email us at (INSERT
ADDRESS] and we will send you a WORD version of the Questionnaire.
Yours faithfully
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Enclosures
1 Case Questionnaire
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Ref (INSERT CASE REFERENCE NUMBER]
Post Office Mediation Scheme
Thank you for your Application to the Post Office Mediation Scheme.
Having reviewed your Application, we do not believe that yen. case is eligible to take part in the
Mediation Scheme because [I
Before coming to this decision, we have discussed your Application with the Justice for Subpostmasters
Alliance. If you have any questions about our decisionyplease contactithe JFSA INSERTCONTAGT
Yours faithfully
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24
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8A: Letter to SPMR = Suitable for Mediation]
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:
On the basis of these findings, we believe that your.case is suitable*for mediation. We have therefore
passed your case to IINSERT NAME OF MEDIATION CHAMBERS), They will be in contact with you
shortly with information on the mediation process and a Mediation Agreement for your review and
signature.
The Mediation Agreementwill contain details.of the financial support that will be offered by Post Office
to you in order that you may engage a professional advisor to attend the mediation as your
representative.
We remind you.that you are not obliged.to attend mediation and may leave the Mediation Scheme at
any time. Post Office may also contact you directly to discuss our Case Review and to seek a resolution
without needing to attend mediation.
Thank you for your.time and support in assisting our investigation into your case.
Yours faithfully
Enclosure
1 Case Review
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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:
On the basis of these findings, we do not believe that your case is Suitable for mediation because
Before coming to this decision, we have discussed your Application with the Justice for Subpostmasters
Alliance. If you have any questions about our decision, please contact the JFSA IINSERT CONTACT.
Thank you for your time and support in assisting our investigation into your case.
Yours faithfully.
Enclosure
1 Case Review
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Mediation Agreement
Date: [INSERT DATE ON SIGNING}
Parties
1 [NAME/OF'SUBPOSTMASTER] (the Subpostmaster)
2 Post Office Limited (Post Office)
Together the Parties
1 Dispute
1.1 A dispute has arisen between the Parties.as set out inthe Case Review of Second Sight
dated [INSERT DATE] with case reference number [INSERT REF]
2 Appointment of Mediator
2.1 The Mediator will be appointed by (INSERTNAMEVORIMEDIATIONICHAMBERS)
based on the suitability, location.and availability of the parties and the Mediator.
2.2 The Parties have appointed the Mediator to assist them in resolving their dispute at a
meeting (the Mediation).
2.3 The administration of the Mediation shall be managed by [INSERIINAMEIOR!
MEDIATION CHAMBERS].
2.4 _ «The Parties should contact (INSERMNAMEIORIMEDIATIONICHAMBERS] should they
have any questions about the Mediation process.
3 Participants.
3.1 There shall be at least one representative from each Party present at the Mediation who
shall have authority to settle the Dispute.
3.2. Each Party shall notify [NSERTNAMEIOFIVEDIATIONICHAMBERS) of every person
attending on their behalf.
3.3 Every person attending the Mediation, whether an employee, partner or associate of a
Party, expert witness, Professional Advisor or otherwise, shall be bound by the confidentiality
provisions of this Agreement contained in paragraph 6.
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4 Mediation Preparation
44 Prior to the Mediation, the Mediator may communicate with the Parties, jointly or
separately, as he thinks appropriate, for the purposes of ensuring a proper understanding of
each Party's position, that appropriate arrangements have been made for the Mediation itself
and generally to ensure that the best use of the Mediation day is made.
42 Prior to the Mediation, each Party may (but is not required to) prepare and send to
i], a concise summary of its position (hereafter
referred to as a ‘Position Statement’) together with any supporting documents.
43 Each Party may also prepare a confidential note to be provided to the Mediator alone,
or provide the Mediator with documents or other information not provided to the other Party.
The Mediator will not disclose any such confidential note, document or other information to any
other Party unless expressly authorised to do so.
44 (INSERTINAMETORIMEDIATIONICHAMBERS) will inform the Parties of the timetable
for provision of Position Statements and accompanying documents.
45 The Parties shall use their reasonable endeavours to follow such timetable.
5 The Mediation
5.1 The Mediation shall take place at a time and venue selected by [INSERTMINAMEIOR!
MEDIATIGNIGHAMBERS) based on availability, suitability, location and cost.
5.2 (INSERTINAMEISFIVEDIATIONIGHAMBERS) will liaise with the Parties to select a
time and venue for the Mediation.
5.3 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.
5.4 The Mediator may meet witheach,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.
5.5 No transcript or other recording of the Mediation shall be made.
5.6 Any Party may terminate its involvement in the Mediation at any time by giving notice to
every other Party and the Mediator.
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.
6 Confidentiality
6.1 The Parties, the Mediator, [INSERTINAMETOFIMEDIATIONICHAMBERS), and anyone
else attending or involved in the mediation 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.
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.
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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.
6.4 The obligations contained in this paragraph bind all those present at the Mediation
[FUNDING STRUCTURE TO BE AGREED - EXAMPLE BELOW FOR DISCUSSION]
7 Subpostmaster Support
71 Subject to clause 7.3, Post Office will pay the reasonable costs (including fees,
expenses and disbursements) of a Professional Advisor in preparing for and attending the
Mediation on behalf of the Subpostmaster up to a maximum of £] + VAT (the
Contribution).
7.2 A Professional Advisor means:
7.2.1A qualified solicitor or barrister holding a current practising,certificate;
7.2.2A qualified accountant; or
7.2.3Such other suitably qualified person that Post,Office has (in its sole discretion)
approved in writing before the Mediation.
7.3 Post Office will only be liable to make the Contribution:
7.3.10n 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
7.3.2after 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 onaccount or similar such payment.
7.4 Post Office shallpay the Contribution within 28 days of receipt of the above invoice.
75 Post Office will also pay the Reasonable Travel Expenses of the Subpostmaster and up
to 2 representatives (which may include a Professional Advisor) in travelling to and from the
Mediation up to an aggregated maximum of £0 + VAT.
7.6 Reasonable Travel Expenses means:
7.6:1 The cost of a standard class train ticket;
7.6.2£XX& per mile if travelling by car plus the costs of parking; or
7.6.3Such other method of travel that Post Office has (in its sole discretion)
approved in writing before the Mediation;
but always subject to the Subpostmaster using his reasonable endeavours to travel by the most
cost-efficient method possible (eg. sharing cars, etc.).
7.7 The Subpostmaster must use his best endeavours to provide Post Office with receipts
for any Reasonable Travel Expenses.
7.8 Post Office shall pay any Reasonable Travel Expenses within 28 days of the
Subpostmaster making a properly documented expenses claim.
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7.9 Post Office shall not be liable for any other costs or expenses incurred by the
Subpostmaster including without limitation:
7.9.1The costs (including expenses and disbursements) of a Professional Advisor in
excess of the Contribution.
7.9.2Those costs of a Professional Advisor which are not reasonable.
7.9.3The costs of any other advisor who is not a Professional Advisor.
8 General
8.1 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.
8.2 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’
8.3 The Mediator shall not be liable to any of the Parties for any act or omission 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 in bad
faith.
8.4 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.
8.5 This Agreement shallbbe signed by the Parties and each Party's solicitors where
retained.
8.6 The Mediator and (INSERTINAMETOF MEDIATIONICHAMBERS] shall be entitled to
enforce the terms of this Agreement under.the Contracts (rights of third parties) Act 1999.
Signed: Signed:
Subpostmaster For and on behalf of Post Office Limited
Name: Name:
Date: Date:
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