Terms of business

1. Scope

These terms govern mediation and dispute-resolution appointments with Just Thrifted Ltd trading as Newby Dispute Resolution. Each appointment is defined by the agreement to mediate (or equivalent written terms) signed by the parties, which prevails over these general terms where they differ. Nothing on this website is an offer capable of acceptance.

2. When an appointment is made

No appointment exists, and no date is reserved, until (a) the agreement to mediate or other written terms have been signed by every party and (b) the agreed fee has been received in cleared funds. Until then, any date offered is provisional and may be released without notice. Enquiries, proposals and correspondence do not create an appointment.

3. Appointments through providers and panels

Appointments are accepted directly and through mediation providers, panels and schemes, on a non-exclusive basis. Where an appointment is made through a provider, that provider's agreement to mediate, fee terms, payment arrangements and complaints procedure govern the appointment and take precedence over these terms, and the mediator will comply with the provider's rules for the appointment.

4. The mediator's role

The mediator is independent and impartial, does not act for any party, does not give legal advice and does not decide the dispute. Parties are responsible for their own decisions and are encouraged to take independent legal advice. Any settlement is the parties' own agreement.

5. Conflicts and the separate expert practice

A conflict check is carried out before every appointment against a single register covering parties, insurers, solicitors, counsel and repairers, across both the mediation practice and the mediator's separate expert witness practice. The mediator will disclose any circumstance that might reasonably call independence into question and will decline or withdraw where impartiality cannot be assured. The mediator does not act as both mediator and expert in the same dispute, nor in any matter arising from the same incident, vehicle or parties, and nothing learned in one practice is used in the other.

6. Fees and payment

Fees are fixed and stated in writing in the agreement to mediate. Unless otherwise agreed, the fee is shared equally between the parties and is payable in cleared funds before the date is confirmed. Travel outside London, venue hire and any time beyond the agreed day are quoted in advance and incurred only with the parties' agreement. Cancellation terms are set out in the agreement to mediate.

7. Confidentiality

The mediation is confidential and conducted without prejudice. Information given to the mediator in private session is not disclosed to any other party without permission. The mediator will not be called as a witness in any proceedings concerning the dispute, save where required by law.

8. Data protection and documents

Personal data is handled as described in the privacy policy. The website forms are for an outline enquiry only; confidential documents and case papers must not be sent through them and are exchanged by secure means agreed once an appointment is made.

9. Liability

The mediator is not liable to any party for any act or omission in connection with the mediation unless it is shown to have been fraudulent or in bad faith. Nothing in these terms limits liability that cannot lawfully be limited.

10. Termination

Any party, or the mediator, may end the mediation at any time. Fees remain payable in accordance with the agreement to mediate.

11. Governing law

These terms and every appointment are governed by the law of England & Wales, whose courts have exclusive jurisdiction.