Housing mediation rules
1. Introduction
1.1 These Rules govern the administration of the ClearPoint Housing Mediation service. 1.2 Housing Mediation is a confidential, voluntary and facilitated process in which an independent mediator assists parties in exploring mutually acceptable solutions. 1.3 The mediator does not determine the dispute or impose a decision; settlement remains the parties’ responsibility. 1.4 These Rules provide a fair, efficient and flexible framework for Housing Mediations.
2. Scope
2.1 These Rules apply to all Housing Mediations administered by ClearPoint. 2.2 Mediation may be suitable for possession, arrears, disrepair, Equality Act, anti-social behaviour, repairs, service charges, succession, tenancy management, neighbour and other accepted housing disputes. 2.3 ClearPoint may decline unsuitable matters.
3. Objectives
The objectives are to facilitate constructive dialogue, encourage early settlement, preserve housing relationships where appropriate, reduce unnecessary litigation, identify practical solutions and promote informed decision-making.
4. Voluntary Participation
4.1 Participation is voluntary unless otherwise required by contract, court order or procedural rules. 4.2 Participation does not prevent legal proceedings unless otherwise agreed.
5. Commencing the Mediation
5.1 The Mediation commences when ClearPoint accepts the referral, parties agree to mediate, payment arrangements are confirmed and the mediator is appointed.
6. Referral
The referral should include parties’ names and contacts, a dispute summary, procedural history, court timetable, issues to be mediated, relevant documents, representatives attending and settlement objectives.
7. Appointment of the Mediator
7.1 ClearPoint shall appoint an independent Housing Mediator. 7.2 Appointment takes account of experience, housing expertise, independence, impartiality and availability.
8. Independence and Impartiality
8.1 The Mediator shall remain independent and impartial. 8.2 The Mediator shall not provide legal advice. 8.3 The Mediator shall not advocate for any participant.
9. Conflicts of Interest
9.1 The Mediator shall immediately disclose any actual or potential conflict. 9.2 Where impartiality may reasonably be questioned, a replacement Mediator shall be appointed.
10. Authority to Settle
Each party shall ensure its attendee has sufficient authority to negotiate and, where appropriate, conclude a settlement. Any limitation should be disclosed before mediation begins.
11. Position Statements
Each party may submit a concise confidential Position Statement with background facts, issues, legal position, desired outcome, settlement proposals and matters requiring discussion. The Mediator may determine page limits.
12. Documents
Parties should provide relevant pleadings, tenancy agreements, correspondence, witness statements, expert reports, photographs, Equality Act evidence, court orders, schedules of loss and other material.
13. Preliminary Meetings
The Mediator may conduct telephone conferences, online meetings, administrative case management meetings and separate introductory discussions to assist preparation and case management.
14. Conduct of the Mediation
The Mediator determines conduct with regard to fairness, proportionality, efficiency, parties’ wishes and the dispute’s nature. The Mediator may convene joint or private meetings, shuttle, request clarification, encourage settlement, reality-test proposals and identify practical solutions.
15. Private Meetings
The Mediator may meet privately with any party. Information disclosed privately remains confidential unless the party expressly authorises disclosure.
16. Role of the Mediator
The Mediator may facilitate communication, clarify misunderstandings, identify issues, encourage negotiation, evaluate options and explore practical solutions. The Mediator shall not determine liability, impose settlement, provide legal advice or act as advocate.
17. Without Prejudice Status
Unless otherwise agreed or required by law, discussions, negotiations, settlement proposals, written statements and oral communications shall be confidential and without prejudice.
18. Settlement Agreement
Where settlement is achieved, parties may record terms in writing and representatives may prepare a formal agreement. Parties remain responsible for independent legal advice. The Mediator shall not determine legal effect.
19. Partial Settlement
Where only some issues are resolved, unresolved matters may proceed to further mediation, Early Neutral Evaluation, arbitration, litigation or another agreed process.
20. Referral into Other ClearPoint Services
Following mediation parties may jointly proceed to Housing Early Neutral Evaluation, Housing Arbitration, Housing Dispute Resolution Pathway Assessment or Housing Merits Evaluation. Each is a separate appointment under its own rules.
21. Confidentiality
All information exchanged during mediation remains confidential except where authorised, required by law, necessary to implement a settlement or administer the mediation.
22. Fees
Fees shall be agreed before mediation. Unless otherwise agreed, they shall be shared equally. Additional meetings, extended sessions or post-mediation work may attract fees.
23. Withdrawal and Termination
Any party may withdraw at any time. The Mediator may terminate where settlement is no longer achievable, participation is not in good faith, continuation is inappropriate, safety concerns arise or fees remain unpaid.
24. Limitation of Liability
Neither ClearPoint nor the Mediator guarantees settlement, resolution, avoidance of litigation or any particular legal outcome. Parties remain responsible for decisions made during and after mediation.
25. Data Protection
Personal information shall be processed in accordance with applicable data protection legislation and ClearPoint’s Privacy Policy. Records are retained only as reasonably necessary.
26. Publication
Housing Mediations are private and confidential. ClearPoint shall not publish mediation information without written consent of all parties, save where required by law or anonymised information is used for educational, research or service improvement purposes.
27. Amendment of the Rules
ClearPoint may amend these Rules. The version in force when mediation commences shall govern.
28. Interpretation
These Rules shall be interpreted consistently with the objectives of promoting independent, fair, confidential and effective mediation within the housing sector. End of Rules.
Independent, fair and confidential mediation for housing disputes.
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