DEC App 1.3 Mediation

Mediation is a confidential without prejudice dispute resolution process in which a neutral mediator assists the parties in trying to settle their differences. The mediator is not a judge or arbitrator and has no power to bind the parties, but rather operates as a facilitator of the discussions.

As mediation will be on a "without prejudice" basis, admissions made by the parties in the course of the mediation and documents prepared for the purposes of the mediation may not be referred to in subsequent proceedings relating to the dispute if the mediation is unsuccessful. However, if the mediation results in a proposed settlement of the dispute which is approved by the 2settlement decision makers, the terms of the proposed settlement will form the basis of a decision notice, and subsequent final notice, or second supervisory notice1 or (where appropriate) notice of discontinuance, given by the FSA.

Following the issue of a warning notice the person will have access to certain material on which the FSA has relied in deciding to commence disciplinary proceedings (see DEC 2.4.2 G). The period following the issue of the warning notice is therefore a natural point for 2mediation if the parties consider that the involvement of a neutral mediator is required to facilitate progress in any settlement discussions2.