Mediated Dispute Solutions Privacy policy

This privacy policy sets out how Mediated Dispute Solutions Ltd (MDS) uses and protects any information you give us in accordance with the General Data Protection Regulations (GDPR). MDS is registered with the Information Commissioners Office (ICO) and it is committed to ensuring your privacy is protected. Any information you provide us will only be used in accordance with this privacy statement. We will never share your details with anyone else without your express permission (your consent).

We are committed to ensuring your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.

What information do we collect?

The contact information you provide us with is used to contact you and the other party or client (and/or their legal representatives) as is necessary to help with the process of mediation, for example to fulfil a query or arrange a mediation; or to provide information about mediation. Mediations themselves are confidential and information acquired during a mediation will be kept confidential except when disclosure is demanded by the law or by agreement between the parties. Examples include Settlement Agreements (Civil & Commercial), Financial Statements (Family), Output of Sessions (Workplace), our News Letter for solicitors, (emailed to those who have requested regular information updates).

Data Protection

MDS needs, or is required, to maintain personal data about living individuals in order to conduct its business. This includes data regarding:

Current, past and prospective employees;
Our enquirers, clients, or parties to mediation;
Suppliers and those with whom we need to communicate.

In order to maintain that data MDS complies with the eight Data Protection Principles:

Personal data shall be processed fairly and lawfully.
Personal data shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes.
Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
Personal data shall be accurate and, where necessary, kept up to date.
Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
Personal data shall be processed in accordance with the rights of data subjects under this Act.
Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.

Reason for keeping Data

MDS complies with the six headings for the lawful basis for keeping data:

Legitimate interest
Public Task
Legal Obligation
Consent
Contract
Vital Interest.

The majority of data will be captured, stored and used in compliance with items 1,2 & 3, legitimate interest, public task and legal obligation. Internally the data is used in the process in and action of mediation. It is also used in accounting, reporting to HMRC, reporting to the Legal Aid department, and other areas of obligation. Data is kept for the minimal time necessary, but the time limits can be affected by legal obligation or legal necessity. For example, HMRC or legal aid. The actual time we keep data and in what form can be supplied by MDS.

Special Category Data

MDS only collects special category data when:

Acting as the data collector on behalf of the Legal Aid Agency as required in connection with the provision of legal aid.
When providing Direct Child Consultation the express consent of parent and child is necessary and is recorded when secured.

Our Commitments

MDS commits to ensuring we:

Comply with the eight data protection principles (listed above)
Meet our legal obligations as laid down by the Data Protection Act 1998
Collect data fairly and lawfully
Process personal data only to meet our operational needs or fulfil legal requirements
Work to make sure personal data is up to date and accurate
Put in place appropriate retention periods for personal data
Put in place adequate security measures to protect personal data
Have a nominated officer (see below) who is responsible for data protection compliance and provides a point of contact for all data protection issues
Make all staff aware of good practice in data protection
Provide everyone handling personal data with further guidance
Deal with data protection enquiries effectively and promptly.
Review data protection procedures and guidelines within the organisation on a regular basis.

Data Controller

MDS has appointed Michael Butterworth as the Data Controller.

Website: Google Analytics

MDS also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyse how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on its servers. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

Links to other sites

The MDS website contains links to other websites. This privacy policy applies only to our site, so you should always be aware of this when you are moving to another site and should read the privacy statement of any separate site which collects personal information. We do not pass on any personal information about our visitors to any other site.