Our Terms and Conditions

Our Terms and Conditions set out the basis on which mediation services are provided and govern the relationship between the parties and Kings ADR.

They may be updated from time to time, and any changes will be communicated in advance where appropriate. By proceeding with mediation, all parties confirm that they have read, understood, and agreed to these Terms and Conditions.

1. About Us

Kings ADR is an independent mediation and dispute resolution practice operated by Vanessa Hagan, a sole proprietor based in the United Kingdom.

2. Our Services

Kings ADR provides independent, impartial mediation services, including workplace, civil, and commercial mediation.

Mediation is a voluntary and confidential process in which a neutral third party facilitates discussions between parties to assist them in reaching their own resolution.

Kings ADR will use reasonable skill and care in providing its services but does not guarantee that mediation will result in a settlement or any particular outcome.

3. Basis of Engagement

These Terms and Conditions apply to all services provided by Kings ADR and form part of the agreement between Kings ADR and the parties.

Services will be deemed accepted upon confirmation of booking or commencement of mediation, whichever occurs first.

These Terms should be read alongside any Mediation Agreement or written correspondence relating to a specific matter. In the event of any inconsistency, the Mediation Agreement will take precedence.

4. Provision of Services

Kings ADR will use reasonable endeavours to provide services at the agreed time, date, and format (whether in person or remotely).

Kings ADR reserves the right not to commence or continue services where:

  • required information has not been provided
  • payment has not been made in accordance with agreed terms
  • it is otherwise not appropriate to proceed

Parties agree to cooperate and respond promptly to reasonable requests for information necessary to facilitate the mediation process.

5. Nature of Mediation

By participating in mediation:

  • The process is voluntary
  • Any party may withdraw at any time
  • The mediator does not impose a decision
  • Any outcome is only binding if recorded in a separate written agreement

Parties are encouraged to seek independent legal or professional advice where appropriate.

6. Fees and Payment

Fees will be agreed in advance and confirmed in writing.

Unless otherwise agreed:

  • Payment may be required in full prior to the mediation
  • All invoices must be paid within the stated timeframe
  • Payments must be made in full without deduction or set-off, except where required by law

Kings ADR reserves the right to charge interest on overdue payments at a reasonable rate in line with applicable law.

7. Cancellation and Rescheduling

Where a mediation is cancelled or rescheduled:

  • More than 14 days’ notice → no cancellation fee
  • Within 14 days → up to 50% of the agreed fee payable
  • Within 48 hours → up to 100% of the agreed fee payable

Any reasonable expenses already incurred will remain payable.

8. Confidentiality

All information disclosed during mediation is confidential and must not be disclosed to any third party unless:

  • all parties agree, or
  • disclosure is required by law, or
  • there is a risk of serious harm or unlawful activity

All participants in the mediation process are expected to respect and maintain this confidentiality.

9. Without Prejudice

All communications during mediation are made on a “without prejudice” basis and are not admissible in legal proceedings, except as permitted by law.

10. Role of the Mediator

The mediator:

  • acts independently and impartially
  • facilitates communication between parties
  • does not provide legal advice or make decisions

The mediator may meet parties jointly or separately.

Responsibility for any agreement rests solely with the parties.

11. Party Responsibilities

Each party agrees to:

  • act in good faith
  • treat others with respect
  • provide accurate information
  • ensure they have authority to settle, or access to such authority

12. Online Mediation

Where mediation is conducted remotely:

  • parties must ensure a private and appropriate environment
  • recording of sessions is not permitted
  • Kings ADR is not responsible for technical issues beyond its control

13. Limitation of Liability

Kings ADR will provide services with reasonable care and skill.

To the fullest extent permitted by law:

  • Kings ADR shall not be liable for any indirect, consequential, or economic loss, including loss of profit or business
  • Liability for any claim arising out of the provision of services shall not exceed the total fees paid for those services

Nothing in these Terms excludes liability for death or personal injury caused by negligence, or for fraud or fraudulent misrepresentation.

14. Termination

Kings ADR may suspend or terminate mediation where:

  • a party withdraws
  • the process is no longer constructive
  • there are concerns regarding safety, fairness, or misuse of the process

15. Data Protection

All personal data will be processed in accordance with our Privacy Policy.

16. Governing Law

These Terms and Conditions are governed by the laws of England and Wales.

 

 

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