Celia Christie Mediation

Terms and Conditions of Business

1.      Introduction

The aim of this document is to set out some important details about the basis on which we propose to provide our services to you and how you can help us to do the best job possible for you. This is an important document – especially if you might become unhappy with our services in any way – and we recommend that you keep it for future reference. Unless we agree otherwise, the terms that are set out in this and the Agreement to Mediate accompanying this document  form the basis of the contract between you and the firm under which we will be acting for you on this and any future work that we do for you.

2.      Appointments & Office Hours

Our normal office opening hours are between 9.00am to 5.15pm on Mondays to Fridays. Please help us to maintain a high standard of service by making an appointment if you want to see your mediator.

3.      Our Service Standards

We aim to offer our clients quality mediation with a personal service at a fair cost.  To achieve this quality service our responsibilities are that we will:-

(a)     Update you in writing with a summary of your mediation meeting after each meeting.

(b)     Deal with your queries promptly – for example we will always try to return your telephone calls on the same day, or as soon as practical.

(c)     Communicate with you in plain language & explain to you the basis of the mediation process.

In assisting us to meet our quality standards, we would ask you to do the following:

(a)     Provide us with clear, timely and accurate instructions.

(b)     Provide all documentation required to complete the mediation or required for the matter in a timely manner.

(c)     Safeguard any documents that are likely to be required for financial disclosure. 

We will need to keep in touch, so please remember to let us know promptly of any change of address or telephone number, or email.

4.      Contact by Email

If you give us your e-mail address we will assume we can use it to send e-mail and other documents unless you ask us not to. Please remember that the internet is not completely secure and that some confidential and sensitive material is best sent by other means.

To maintain impartiality it is our intention to whenever appropriate email summary documents or other relevant emails relating to your mediation to both parties together.  If you do not wish your email address to be shared with the other party then you must notify us of this at the outset.

5.      Equality & Diversity

We are committed to equality and diversity in all of our dealings with clients, employees and others.

6.       Indemnity Insurance

The firm has Professional Indemnity Insurance. The Certificate of Insurance is available for inspection on request.

7.       Cancellation of Mediation

You may cancel your mediation at any time by providing us with written notice of your intention to cancel.  We will then notify all other relevant parties.

If you exercise your right to cancel, then you will remain liable to pay for any meetings that have already taken place.

8.      Financial Services

We are not authorised under the Financial Services and Markets Act 2000, nor are we regulated by the Financial Conduct Authority.  If, while we are acting as your mediator, you need advice on investments, we may have to refer you to someone who is authorised to provide the necessary advice. 

9.         Fees & Expenses

Our website and the Agreement to Mediate which will be provided at the commencement of the mediation sets out our fees for mediation services provided.

10.     Invoices

A receipted invoice will be provided in respect of all payments for mediation services.

11.     VAT

We are VAT registered.

12.        Complaints

Our aim is to offer all our clients an efficient and effective service at all times.  We hope that you will be pleased with the work we do for you.  However, should there be any aspect of our service with which you are unhappy, please raise your concern with the mediator having conduct of this matter who will endeavour to resolve any problem.

If you are still dissatisfied then you may take your complaint to our membership organisation Resolution.  Their contact details are as follows:-

Telephone      020 3841 0300

Email:            info@resolution.org.uk

Post:             Resolution
91-95 Southwark Bridge Road
London
SE1 0AX

13.     Confidentiality

We are required by law and professionally to keep the affairs of clients confidential unless disclosure is required or permitted by law or the client consents. In particular, please note the following possible exceptions:-

(a)     External Quality Checks -External firms or organisations may conduct audit or quality checks on our practice. These external firms or organisations are required to maintain confidentiality in relation to your mediation matter. Since very few of our clients do object to this I propose to assume that we do have your consent, unless you notify us to the contrary.

(b)     Supervision – We are required to have an external Professional Practice Consultant (PPC) who may at times need to advise on or consider mediation files.  The PPC will maintain confidentiality in relation to your mediation matter.

(c)     Required by law - Solicitors may be required by statute to make a disclosure to the National Crime Agency where they know or suspect that a transaction may involve money laundering or terrorist financing or in certain circumstances, other statutory bodies such as the DSS Fraud Office. If we make a disclosure in relation to your matter, we may not be able to tell you that a disclosure has been made. We may have to stop working on your matter for a period of time and may not be able to tell you why.

14.        Data Protection

We use the information you provide primarily for the provision of mediation services to you and for related purposes including addressing correspondence and related documents to other parties.

Our use of that information is subject to your instructions, the EU General Data Protection Regulation and the Data Protection Act 2018 and our professional duty of confidentiality. Please note that in the course of the work we do for you it will be necessary to provide certain of your personal data to the other parties involved in your matter. It may also be necessary to provide information to other professional advisers but this will only ever by with your express consent.

The legal bases which are relevant to the work we undertake for you are mostly in order that we can satisfactorily perform the contract we have with you and also so that we can protect the interests of our professional indemnity insurers through maintaining suitable  records. We would need your consent to send you future marketing information, (on which see the end of this document).

We do not envisage sending any of your personal data outside the UK or the EU.

You have a number of rights as a data subject including the rights to:

• be informed of the data we hold on you
• have any incorrect or out of date data rectified
• cease to receive certain forms of communication or to restrict processing,
• take your data elsewhere ("portability")
• object to our use of data.

Unlike certain other business concerns we do not as a mediation practice  involve ourselves in automated decision making and profiling.

You have a right of access under data protection legislation to the personal data that we hold about you. If you would like to make a request to know about the personal data we hold on you please contact Celia Christie at hello@celiachristiemediation.co.uk .

If you are unhappy about the way we are managing your data please let us know, but you also have a right to object to the Information Commissioner at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF (tel: 0303 123 1113).

15.        Storage of papers, files & documents

After completing the work, we will be entitled to keep all your papers and documents while there is still money owed to us for fees and expenses. We will keep our file of your papers for up to 3 years, except those papers that you ask to be returned to you. We keep files on the understanding that we can destroy them 3 years after the date of the final bill.

16.        Limit of Liability

Our liability to you for a breach of your instructions shall be limited to £1,000,000 unless we expressly state a higher amount in the letter accompanying these terms of business. We will not be liable for any consequential, special, indirect or exemplary damages, costs or losses, or any damages, costs or losses attributable to lost profits or opportunities. We can only limit our liability to the extent the law allows. In particular, we cannot limit our liability for death or personal injury caused by our negligence. Please ask if you would like us to explain any of the terms above.

17.        Tax Advice

Any work that we do with you may involve tax implications or necessitate consideration of tax planning strategies. We are not qualified to advise you on the tax implications of a transaction that you intend to carry out, as part of a mediated agreement.  If you have any concerns in this respect you must seek advice from an appropriate tax expert.

18.        Terms and conditions of business

Unless otherwise agreed, and subject to the application of then current hourly rates, these Terms and Conditions of Business shall apply to any future instructions given by you to this firm. Your continuing instructions in this matter will amount to an acceptance of these Terms and Conditions of Business.