Standards

Terms of business

Mediation services · Version 1.0 · August 2026

1Appointment

These terms govern the appointment of Roger Newby, trading as Newby Dispute Resolution, of London ("the Mediator"), to act as mediator in the dispute described in the appointment correspondence ("the Mediation").

The Mediator is a CMC Associate Mediator — Civil Mediation Council member 2761 — and an accredited Civil & Commercial Mediator, qualified through the Hunt ADR Accredited Mediator Skills Programme, a training course registered with the Civil Mediation Council. The Mediator is registered with the Information Commissioner's Office as a data controller (reference ZC197605) and holds professional indemnity insurance with cover of £2,000,000 in the aggregate.

The Mediator is appointed jointly by all parties to the dispute. Where one party makes the initial approach, no appointment arises until all parties have confirmed their agreement to mediate and to these terms.

2Definitions

In these terms, unless the context otherwise requires:

• "Parties" means all persons participating in the Mediation, including their legal representatives, insurers and any other attendees.
• "Mediation" means the mediation process, including all preparation, private sessions, joint sessions and follow-up.
• "Mediation Day" means the date agreed for the substantive mediation.
• "Agreement to Mediate" means the separate agreement signed by all Parties and the Mediator before the Mediation begins.
• "Settlement Agreement" means any written agreement recording terms of settlement reached at or following the Mediation.
• "Business Day" means any day other than a Saturday, Sunday or public holiday in England and Wales.

3The mediator's role

The Mediator acts as an independent, neutral facilitator. The Mediator's role is to assist the Parties in reaching their own settlement.

The Mediator does not:

• decide the dispute, or impose any outcome;
• act as judge, arbitrator, expert, adjudicator or evaluator;
• give legal advice, or advise any Party on the merits of their case;
• owe a duty to the court in the manner of an expert witness under CPR Part 35;
• give an expert or technical opinion, notwithstanding the Mediator's professional background in engineering.

The Mediator may act as devil's advocate, ask difficult questions and reality-test proposals privately with each Party. This is part of the facilitative role and does not indicate any view on the merits.

4Neutrality and conflicts of interest

The Mediator will disclose to all Parties, as soon as practicable, any circumstance which might reasonably give rise to a perception of bias or a conflict of interest, whether it arises before or during the Mediation.

If a conflict cannot be managed to the satisfaction of all Parties, the Mediator will withdraw. Where the Mediator withdraws for this reason before the Mediation Day, fees paid will be refunded in full save for any expenses already irrecoverably incurred.

5Obligations of the parties

The Parties shall:

• sign the Agreement to Mediate before the Mediation begins;
• ensure that each Party is represented at the Mediation by a person with full authority to settle, or with immediate access to such a person;
• notify the Mediator promptly of anyone whose approval is required before a settlement can be concluded;
• exchange position statements and any key documents by the date agreed, and provide copies to the Mediator;
• participate in good faith, with a genuine intention to attempt to resolve the dispute;
• treat everything said during the Mediation as confidential and without prejudice;
• notify the Mediator promptly of any settlement, discontinuance, change of representation or other material development.

Nothing in these terms obliges any Party to settle. Participation is voluntary and any Party may withdraw at any time, subject only to the fee provisions in clauses 9 and 10.

6Obligations of the mediator

The Mediator shall:

• act with impartiality and integrity, and be seen to do so;
• conduct the Mediation in accordance with the European Code of Conduct for Mediators or an equivalent recognised code;
• maintain confidentiality in accordance with clause 7;
• not disclose to any Party information given in a private session without the express permission of the Party who gave it, and will confirm the exact wording before conveying anything;
• ensure each Party has adequate opportunity to participate and be heard;
• not pressure any Party into a settlement;
• maintain professional indemnity insurance for the duration of the Mediation and for six years thereafter;
• undertake continuing professional development in accordance with applicable accreditation requirements.

7Confidentiality and without prejudice

The Mediation is confidential and is conducted on a without prejudice basis. Subject to the exceptions below, no Party may rely on or refer to, in any subsequent proceedings:

• any view expressed or suggestion made by any Party in the Mediation;
• any admission made by any Party in the Mediation;
• any proposal, offer or counter-offer made in the Mediation;
• the fact that any Party did or did not indicate willingness to accept any proposal.

Private session confidentiality. Information disclosed to the Mediator in a private session is confidential to that session and will not be disclosed to any other Party without express permission.

Exceptions. Confidentiality does not apply where:

• all Parties consent in writing to disclosure;
• disclosure is required by law, court order or regulatory obligation;
• disclosure is necessary to prevent risk of serious harm to any person, or to report a matter which the Mediator is legally obliged to report;
• the information is needed to enforce or challenge a Settlement Agreement;
• disclosure is necessary for the Mediator to defend a claim, complaint or disciplinary matter, or to notify insurers.

These obligations survive the conclusion of the Mediation indefinitely.

8Settlement and its recording

Where the Parties are legally represented, drafting the Settlement Agreement is the responsibility of their legal representatives. The Mediator will remain available while drafting takes place but does not draft the agreement and does not advise on its terms.

Where the Parties are not legally represented, the Mediator may assist the Parties to record heads of agreement using a standard form. The Mediator gives no advice on whether the terms are appropriate, adequate or enforceable, and the Parties are strongly encouraged to take independent legal advice before signing.

The Mediator does not sign the Settlement Agreement and is not a party to it.

9Fees and expenses

Fees are fixed and confirmed in writing before the Mediation is booked. There are no hourly surprises. Fees are quoted per mediation, not per party.

Service	Includes	Fee
Half-day mediation up to 4 hours	Pre-reading, pre-mediation call with each Party, the mediation, and assistance recording any settlement.	On enquiry
Full-day mediation up to 8 hours	As above, with the additional time most multi-issue or multi-party disputes require.	On enquiry
Online mediation	The same process conducted remotely, with private breakout rooms. Available worldwide, including cross-border disputes.	On enquiry
Lower-value & small claims	Fixed fees scaled to the value in dispute, to keep mediation proportionate.	On enquiry
Overrun beyond the booked period	Charged only where all Parties agree to continue. Rate confirmed in the fee quotation.	Hourly, pro rata

Apportionment

Unless otherwise agreed in writing, the Mediator's fee is shared equally between the Parties, and each Party is jointly and severally liable for the whole. Each Party bears its own legal and other costs of the Mediation.

Payment

Fees are payable in advance. The Mediation Day is reserved on receipt of cleared payment from all Parties. Expenses (travel, venue hire where arranged by the Mediator, accommodation where required) are charged at cost and invoiced separately.

Late payment

The Mediator reserves the right to charge interest and fixed-sum compensation on overdue commercial debts under the Late Payment of Commercial Debts (Interest) Act 1998, and to recover reasonable costs of recovery.

Never outcome-related

Fees are payable whether or not the dispute settles, and are never contingent on the outcome. Neutrality requires nothing less.

10Cancellation and postponement

Where the Mediation is cancelled or postponed after booking, the following applies to the Mediator's fee:

Notice given before the Mediation Day	Fee payable
More than 10 Business Days	Nil — fees refunded in full, less expenses irrecoverably incurred
5 to 10 Business Days	50% of the agreed fee
Fewer than 5 Business Days	100% of the agreed fee

Where the Mediation is postponed rather than cancelled and a new date is agreed within 20 Business Days, the fee paid is credited in full against the new date, subject only to expenses irrecoverably incurred.

Preparation already undertaken is chargeable in all cases where cancellation occurs within 5 Business Days.

11Termination of the mediation

Any Party may withdraw from the Mediation at any time, without giving reasons.

The Mediator may terminate or withdraw from the Mediation where:

• a conflict of interest arises which cannot be managed;
• continuing is unlikely to result in a settlement;
• a settlement is being reached which, in the Mediator's view, appears unenforceable or illegal;
• the Mediator considers that continuing would be inconsistent with professional or ethical obligations;
• the conduct of any person present makes the safe or proper conduct of the Mediation impossible.

Termination does not affect the confidentiality and without-prejudice obligations in clause 7, which continue.

12Insurance

The Mediator holds professional indemnity insurance with aggregate cover of £2,000,000. A certificate of insurance is available on request. Insurer and policy details are provided with the terms of engagement on instruction.

13Limitation of liability

The Mediator's total aggregate liability to the Parties, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall not exceed the lesser of £2,000,000 and the total fees paid to the Mediator in respect of the Mediation.

Nothing in these terms excludes or limits liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• any liability which cannot be excluded or limited by law.

The Mediator is not liable for any indirect, consequential or special loss, including loss of profit, opportunity or goodwill, whether or not foreseeable.

No claim may be brought after the expiry of six years from the date of the Mediation, in accordance with the Limitation Act 1980.

14Immunity and non-compellability

The Parties agree that they will not call the Mediator as a witness, nor require the Mediator to produce any notes, records or documents relating to the Mediation, in any subsequent litigation, arbitration or other proceedings arising out of or connected with the dispute, save where required by law or court order.

Where the Mediator is nonetheless compelled to attend or produce documents, the Party whose action results in that requirement shall reimburse the Mediator's reasonable time at the Mediator's standard rate together with reasonable legal costs and expenses.

The Mediator's notes are destroyed following the conclusion of the Mediation, save for the minimum record required for administration, insurance and complaints purposes.

15Data protection

The Mediator is registered with the Information Commissioner's Office as a data controller (reference ZC197605) and processes personal data in accordance with the UK GDPR and the Data Protection Act 2018. Full details are set out in the privacy notice.

Where the dispute involves special category data — for example medical evidence in a personal injury claim — it is processed on the basis that it is necessary for the establishment, exercise or defence of legal claims (UK GDPR Article 9(2)(f)).

Enquiries handled by an automated assistant. Enquiries made by telephone, or through the assistant on the Mediator's website, are answered in the first instance by an automated AI assistant, not by a person. The assistant states this at the start of every conversation. It takes details and arranges a call with the Mediator; it gives no advice on the dispute and decides nothing about the appointment. Those conversations are recorded for training and monitoring purposes. Audio is retained for 30 days and then deleted; the transcript and the summary produced from it are retained for as long as the enquiry record is held. The names of the parties and of any representative on the other side are taken so that the conflict check required by the Mediator's professional obligations can be carried out before any appointment is accepted. Full particulars — what is collected, the lawful bases relied on, the processors used and the rights available — are set out in the privacy notice on the Mediator's website, which forms part of the information required by Articles 13 and 14 of the UK GDPR.

16Complaints

Complaints should be made in writing to roger@newbydisputeresolution.com. The Mediator will acknowledge within 5 Business Days and provide a substantive written response within 28 days. The full procedure, including the route for referral to the Civil Mediation Council, is published at /complaints.html.

17Governing law and jurisdiction

These terms, and any dispute or claim arising out of or in connection with them (including non-contractual disputes), are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

18General

Notices

Notices shall be in writing and delivered by email to the address given by the relevant party, deemed received at transmission if sent during business hours, otherwise at 09:00 on the next Business Day.

Third parties

No third party has any right to enforce any term of these terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Severability

If any provision is found invalid or unenforceable, the remaining provisions continue in full force.

Waiver

No failure or delay in exercising any right operates as a waiver of it.

Assignment

No Party may assign the benefit of these terms without the Mediator's prior written consent.

Entire agreement

These terms, together with the appointment correspondence, the fee quotation and the Agreement to Mediate, constitute the entire agreement between the Parties and the Mediator in respect of the Mediation.

Newby Dispute Resolution · Roger Newby BSc (Hons) PGDip LLM AMIMechE · London & nationwide
Hunt ADR Accredited Civil & Commercial Mediator · ICO ZC197605 · PI cover £2,000,000
Terms of Business version 1.0, August 2026. These terms are reviewed annually.