Terms & Conditions

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1. Certifying Entity and Code of Ethics 

The mediation services provided are governed by the Code of Conduct of the Mediator Certified by the ICFML.

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2. In-person sessions

In person sessions take place at a location to be determined with the client.

 

3. Online sessions

Online sessions are conducted via Google Meet. For online sessions, you are advised to find a private, quiet location and ensure you have the necessary technical conditions (e.g. headphones, good internet connection) to avoid compromising the meeting. 

 

4. Payments

Before accepting an appointment, the mediator will agree with the parties on how fees, rates and expenses will be calculated and how they will be paid (including the proportion divided between parties). Moreover, payment is not dependent on reaching an agreement; parties must pay for the sessions even if the process does not result in a final agreement.

 

Invoices will be sent to the client in the days following each session. Payment must be made via bank transfer within a maximum of 10 days. It is mandatory to include the invoice number in the transfer description to ensure correct processing of the payment. 

 

Please contact the mediator if any issues arise that might compromise your ability to make payments. 

 

5. Cancellations

If you cannot attend a session, you must provide at least 24 hours’ notice by emailing inescarvalho@talkitithrough.com . 

Cancellations with less than 24 hours’ notice are subject to a fee of 50% of the session value. 

Non-attendance without notice is subject to payment of full session value. 

Fees are waived in cases of the death of a close relative, sudden illness, hospitalisation, or other urgent and unexpected events. 

 

6. Delays

If you are running late, contact the mediator via message or email as soon as possible If no news is received within 20 minutes of the start time, the mediator will assume you are not attending the session. ​

 

7. Confidentiality

7.1. Mediators will maintain confidentiality on all information obtained in the course of mediation, unless:

7.1.1. Is required to disclose by operation of law or by any government agency that has appropriate authority and jurisdiction, or

7.1.2. Arising from paragraph 5.1, in which case recipients of confidential information must be obliged to maintain confidentiality, or

7.1.3. if the specific information passes into the public domain (not as a result of a disclosure by the Mediator), or

7.1.4. if the parties release the Mediator from the restriction of confidentiality or, if necessary, to defend the Mediator from any suit or charge for which the Mediator is at risk of being liable, or

7.1.5. if disclosure is necessary to prevent death or imminent bodily harm or serious harm to an identifiable third party or to prevent the commission of illegal and morally objectionable acts. Before using or disclosing such information, if not otherwise required to be disclosed by law, mediators shall make a good faith effort to persuade the party and/or the representative or other advisors to act in a way that will remedy the situation.

 

7.2. The Mediator may, however, disclose having previously served as a mediator in a mediation involving one or more of the parties, provided that none of the details of that case are disclosed.

 

7.3. Mediators will discuss confidentiality with the parties prior to or at the commencement of the mediation and obtain consent for any communication or practice by the Mediator that involves the disclosure of confidential information.

 

7.4. At no time after the conclusion of a mediation shall the Mediators present evidence or testify on behalf of a party that makes or defends a claim against another party in the same mediation in which they acquired confidential information from the other party. unless all such information is no longer confidential or unless the party protected by confidentiality gives consent.

 

8. End of the process

8.1. The Mediator will ensure that the parties are aware that they may withdraw from the mediation at any time by informing the Mediator of this option (unless applicable law, court regulations or contractual rules require otherwise).

 

8.2. Mediators will withdraw from mediation if the negotiation between the parties appears to lead to an inconceivable or illegal outcome. An inconceivable result stems from exploitation, undue pressure or coercion. An inconceivable outcome reflects an imbalance of power between the parties in such a way that it “shocks conscience” and violates equity between the parties and accepted legal and cultural norms.

 

9. Professional conduct issues and complaints

9.1. An ICFML Certified Mediator may consult with the ICFML about any professional or ethical dilemmas.

9.2. A party to a mediation that believes there has been a lack of compliance with this Code may trigger the ICFML Professional Conduct Assessment Process.

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