Terms and Conditions applicable to mediation services
This page describes the terms and conditions that People Mediation uses when providing mediation services to clients. If you ask us to mediate, these terms and conditions will form part of the contract.
‘People Mediation’ is the trading name of Simon Robinson, referred to below as ‘we’, ‘our’, ‘us’ as appropriate.
‘mediator’ refers to Simon Robinson and any co-mediator
‘you’ refers to a party instructing People Mediation
Confidentiality and Without Prejudice issues
In making an enquiry to People Mediation, you agree not to call the mediator as a witness or to produce any document in any subsequent adjudication, arbitration or judicial or tribunal proceedings arising out of the same matter.
Liability for Fees
- Unless the parties and the mediator specifically agree otherwise, the all administrative and professional mediation fees, together with any other expenses, will be divided equally between the parties.
- The parties are personally responsible for paying the fees of People Mediation, and any expenses or disbursements. If the parties are represented by solicitors then they will be responsible for such fees and disbursements. People Mediation recommends that the instructing solicitors retain sufficient money on account to cover fees and expenses that may become chargeable by us.
- We will give you full details of invoicing in the Letter of Appointment or Agreement to Mediate.
- For all mediations, the deposit fee is payable within 7 calendar days of us accepting your instruction and agreeing to mediate. The balance of the mediation fee must be received not less than 7 calendar days prior to the date of the mediation. We will issue a final invoice following the mediation to include fees for any further disbursements and additional work.
- All other invoices issued by People Mediation are payable within 14 calendar days of the date of issue, unless otherwise agreed.
- Late payments: People Mediation reserves the right to charge interest at 8% over Bank of England base rate for all invoices outstanding after 30 days.
Cancellations: civil/commercial and workplace/employment
- Where a cancellation is made after the mediation date has been agreed, but more than a week prior to the date, the cancellation charge of £150 +VAT is payable by the cancelling party or alternatively to be shared equally between the parties.
- If you cancel the mediation within one week of the mediation date, 50% of agreed collective fees will be payable by the party cancelling or alternatively to be shared equally between the parties.
- If you cancel within 48 hours of the mediation date (excluding Saturday, Sunday and public holidays), the full agreed fees will be payable by the party cancelling or alternatively to be shared equally between the parties.
- If you cancel less than 1 complete working day before the mediation/assessment meeting date, the full mediation fee will be payable by the party cancelling or alternatively to be shared equally between the parties.
- We need to collect personal data in order to provide a mediation service to you (including our invoicing and other internal processes). The data we collect includes:
- Name, address and other contact details
- Age and gender
- Ethnicity (for equality monitoring)
- Disability (for equality monitoring and to help us to make reasonable adjustments under the Equality Act 2010)
- Financial information (as part of financial disclosure required in family mediations or to enable us to assess the level of our fee)
- Employment details
- Personal details which form part of the subject of the dispute we are to mediate
- If you do not provide this information, we may not be able to provide a mediation service.
- We will not disclose your personal information outside of People Mediation except:
- If we are co-mediating with another mediator
- If we need to do so to safeguard a child or vulnerable adult
- To prevent a crime from occurring
- To otherwise protect someone’s life or personal safety
- To comply with obligations under money laundering legislation
- To otherwise comply with a legal requirement - including professional supervision
- We will keep your data only for as long as is needed to provide the service. Where we need to keep a smaller amount of data as part of our invoicing and accounts systems, we will keep this only for as long as we have to for the purposes of complying with HMRC requirements.
- Personal data is held electronically on computer systems protected by passwords and by anti-virus software. Electronic backups are also password protected. Personal data is also held in paper form in locked files.
- When we no longer need to hold your personal data, it will be securely destroyed.
- No data transmission over the internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information, including personal data in any email, document or form, which you transmit to us is transmitted at your own risk.
- If you would like more information on how we use your personal data or our data protection processes, please contact Simon Robinson at firstname.lastname@example.org or write to People Mediation, 89A High Street, Yarm TS15 9BG. You can ask to see a copy of your personal data by contacting us.
- Simon Robinson is registered as a data controller with the Information Commissioner. If you are dissatisfied with our procedures, you have a statutory right to complain to the Information Commissioner (www.ico.org.uk).
- If you have any concerns or complaints about the People Mediation practice, please raise these with the mediator first. This is to help him to address these issues and correct them where possible. When you contact us it will be very helpful if you can provide:
- Your name, address and other contact details.
- A clear description of your concerns.
- Details of any suggestions or ideas you may have as to how the problem could be resolved.
- Copies of any relevant letters/documents which might assist in addressing the issue
- We will acknowledge your complaint in a timely manner and will give you a full response or update within 28 days of our receipt of the complaint.
- Please bear in mind that People Mediation can only deal with complaints in relation to the mediator’s conduct. We are not able to address complaints about the outcome of the mediation, for example, if you are subsequently not happy with the agreement you reached.
- If we are unable to resolve these issues with you, you can refer your complaint to an external body.
- If your complaint is about a civil mediation, it may be possible to use the Civil Mediation Council Complaints Resolution Service to resolve the issue. Please visit www.civilmediation.org for more information and click on the links to the Complaints Resolution Service or email the Registrar.
- These terms and conditions shall be governed by and construed in accordance with the laws of England and Wales. Any dispute arising under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales. You agree that any dispute will be addressed using mediation as a first step rather than the courts or arbitration.