Consumer ADR Terms and Conditions

1. Nature of the ADR Process

1.1 ADR is a voluntary, confidential and without prejudice process in which an independent, impartial neutral assists the parties to resolve a complaint or dispute.

1.2 Participation is voluntary. Either party may withdraw from the process at any time before a binding settlement is concluded, and a consumer's statutory rights and right to bring court proceedings are unaffected by taking part.

1.3 ADR is not a court process. ProMediate does not adjudicate, determine liability or impose a decision unless the parties have expressly agreed in writing to a binding determination under a scheme which provides for one.

1.4 The process is conducted in English unless otherwise agreed, and may be conducted by correspondence, telephone, video conference or in person.

2. ProMediate's Role

2.1 ProMediate (UK) Limited is a Civil Mediation Council Registered Mediation Provider. It appoints and administers independent neutrals and manages the ADR process.

2.2 ProMediate and the appointed neutral are independent of both parties and act impartially. They do not represent either party and do not provide legal advice to either party.

2.3 Nothing said or done by ProMediate should be treated as legal advice. Parties are free to take independent legal advice at any stage and are encouraged to do so before entering into any settlement.

2.4 ProMediate may decline to accept, or may discontinue, a case where it falls outside the scheme, where a conflict of interest arises, where the case is not suitable for ADR, or where a party behaves abusively or unreasonably.

3. Information Provided to the Other Party

3.1 In order to deal with a complaint, ProMediate will normally need to send the details of the complaint, and the documents provided in support of it, to the trader or organisation complained about, and to send their response to the consumer.

3.2 By submitting a complaint you agree that the information you provide may be shared in this way, save for anything you clearly identify to us in writing as confidential to ProMediate alone.

3.3 You should not send us material you are not willing to have shared unless you tell us, at the time you send it, that it is provided to ProMediate in confidence.

3.4 Each party is responsible for ensuring that it is entitled to disclose to ProMediate the information and documents it provides.

4. Confidentiality and Without Prejudice Communications

4.1 The ADR process is confidential. Information disclosed within the process will not be disclosed by ProMediate to anyone outside it, except where disclosure is required by law, by a regulator or a court, or is necessary to prevent harm or to report a matter which must be reported.

4.2 Communications made for the purpose of resolving the dispute are made on a without prejudice basis and are not admissible in later court proceedings, except as to the fact and terms of any concluded settlement.

4.3 The parties agree not to call the neutral or any ProMediate staff member as a witness, or to require production of ProMediate's case file, in any proceedings relating to the dispute.

4.4 The parties may disclose the outcome to their professional advisers, insurers or funders on terms that they too keep it confidential.

4.5 Recording of any ADR meeting, call or session is not permitted.

5. Personal Data

5.1 ProMediate (UK) Limited is the data controller for personal data processed in the course of an ADR case. Our full Privacy Policy explains what we collect, why, and the rights available to you.

5.2 We process personal data to administer the ADR process (performance of a contract and our legitimate interests in providing the service), and to meet our legal, regulatory and Civil Mediation Council obligations.

5.3 Some complaints involve special category data, for example health information. We process such data only where necessary for the establishment, exercise or defence of legal claims, or with your explicit consent.

5.4 We use trusted service providers, for example secure email, document sharing and video conferencing platforms, who process data on our instructions and under appropriate contractual safeguards.

6. Use of Technology and Artificial Intelligence

6.1 ADR may be conducted using online tools, including secure email, document sharing platforms and video conferencing. Parties are responsible for their own equipment and internet connection.

6.2 ProMediate may use technology, which may include artificial intelligence tools, to assist with administrative tasks such as case handling, summarising correspondence, scheduling and drafting routine documents.

6.3 Any such use is under human supervision. The outcome of a case is never determined by an automated tool, and no decision producing legal effects is taken solely by automated means.

6.4 Where AI-assisted tools are used, they are selected with regard to confidentiality and data protection, and case information is not used to train publicly available models.

6.5 Parties should not use technology to record, transcribe or publish any part of the ADR process.

7. Data Retention and Regulatory Reporting

7.1 Case records are retained in accordance with our Data Retention Policy. Enquiries that do not proceed are normally retained for 12 months; case files are normally retained for six years from conclusion.

7.2 ProMediate is required to keep records of cases handled and to report anonymised statistical information to regulators and to the Civil Mediation Council. Such reporting does not identify individual parties.

7.3 At the end of the retention period, records are securely destroyed or permanently deleted.

8. Accuracy and Cooperation

8.1 Each party must provide information which is accurate, complete and not misleading, and must tell us promptly if information previously given changes.

8.2 Each party agrees to respond to ProMediate within the time limits notified, to engage constructively, and to treat the neutral, ProMediate's staff and the other party with courtesy.

8.3 ProMediate may close a case where a party fails to engage, misses deadlines without good reason, or provides information which is knowingly false.

9. Settlement

9.1 Any settlement reached is a matter for the parties. Nothing is binding until it has been recorded in writing and signed by or on behalf of both parties.

9.2 Once signed, a settlement agreement is a legally binding contract, and the parties are responsible for performing it. ProMediate is not a party to it and is not responsible for its enforcement.

9.3 A consumer entering into a settlement agreement may lose the right to pursue the same complaint through the courts. You should consider taking independent legal advice before signing.

9.4 If no settlement is reached, the parties remain free to pursue any other remedy available to them, subject to any applicable limitation period. Time limits are not suspended by taking part in ADR unless the law expressly provides otherwise.

10. Complaints About ProMediate

10.1 If you are unhappy with the service you receive from ProMediate or from an appointed neutral, please tell us. Our Complaints Procedure explains how to raise a concern and the timescales within which we will respond.

10.2 A complaint about our service is different from your underlying dispute; the neutral cannot be asked to reconsider the substance of the case through the complaints process.

10.3 If a complaint is not resolved to your satisfaction, it may be escalated to the Civil Mediation Council under its own complaints procedure.

11. Agreement to Participate

11.1 By submitting a complaint to ProMediate, or by taking part in an ADR process administered by ProMediate, you agree to these Terms and Conditions.

11.2 These Terms may be updated from time to time. The version applying to your case is the version in force when your case is opened; the current version and effective date are shown on this page.

11.3 These Terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

11.4 Questions about these Terms should be sent to enquiries@promediate.co.uk.