Consumer ADR Terms and Conditions

1. Nature of the ADR Process

1.1 ProMediate provides independent and impartial Alternative Dispute Resolution between consumers and participating traders or organisations.

1.2 ADR may include mediation, conciliation, facilitative negotiation, neutral evaluation, a non-binding recommendation or a combination of these processes, as appropriate to the particular complaint.

1.3 Participation by the consumer is voluntary. You may withdraw from the ADR process at any time by notifying ProMediate.

1.4 Unless the parties enter into a binding settlement agreement, you are not obliged to accept any proposed settlement, recommendation or evaluation.

1.5 Participation in ADR does not remove or restrict any statutory or legal rights you may have, including the right to seek independent legal advice or to bring or defend legal proceedings.

2. ProMediate’s Role

2.1 ProMediate and its ADR Officials are independent and impartial. They do not act as the legal representative or adviser of either party.

2.2 ProMediate may communicate with you and the trader or organisation complained about separately or jointly where this assists the ADR process.

2.3 ProMediate may ask either party for information, documents, explanations, valuations, records or other evidence which it considers reasonably necessary or useful for dealing with the complaint.

2.4 You authorise ProMediate to contact the trader or organisation complained about and to request information and documentation concerning your complaint.

3. Information Provided to the Other Party

3.1 ADR requires sufficient information to be exchanged to enable the complaint to be considered fairly.

3.2 Information, documents and representations supplied by you may therefore be disclosed to the trader or organisation complained about where reasonably necessary for the purposes of the ADR process.

3.3 Information supplied by the trader or organisation may similarly be disclosed to you where appropriate.

3.4 If you provide information which you believe should not be disclosed to the other party, you should clearly identify it as confidential when providing it to ProMediate. ProMediate will determine whether and how that information can properly be taken into account consistently with a fair ADR process.

4. Confidentiality and Without Prejudice Communications

4.1 The ADR process is confidential.

4.2 Communications made for the purpose of attempting to negotiate or facilitate a settlement will ordinarily be treated as without prejudice.

4.3 Subject to any requirement or exception imposed or permitted by law, neither party may rely upon, disclose or seek to adduce in subsequent court, tribunal or other proceedings:

• offers or proposals made for the purposes of settlement;
• concessions made during the ADR process;
• confidential communications with an ADR Official;
• statements made solely for the purposes of attempting to resolve the dispute; or
• any recommendation, view or settlement proposal made by an ADR Official as part of the confidential ADR process.

4.4 Nothing in these Terms prevents a party from relying upon documents or evidence which existed independently of the ADR process merely because those documents or evidence were also provided during ADR.

4.5 Confidentiality is subject to any disclosure required or permitted by law, regulation, court order or ProMediate’s regulatory obligations, including requirements imposed by an appropriate competent authority or regulator.

4.6 Where the parties reach a settlement, the existence and terms of any written settlement agreement may be relied upon where reasonably necessary to establish or enforce that agreement.

5. Personal Data

5.1 In submitting a complaint you acknowledge that ProMediate will need to collect and process personal data about you in order to administer and conduct the ADR process.

5.2 This may include your name and contact details, information concerning the relevant transaction or service, correspondence, documents, photographs, financial information and other information reasonably relevant to your complaint.

5.3 Depending upon the nature of the complaint, information supplied to ProMediate may include special category or other sensitive personal data. Such information will only be processed where there is an appropriate lawful basis for doing so.

5.4 ProMediate may process your personal data for purposes including:

• determining whether your complaint falls within the ADR Scheme;
• administering your complaint;
• communicating with you and the trader or organisation;
• obtaining relevant information from the trader or organisation;
• assessing the evidence and issues in dispute;
• facilitating negotiations;
• conducting mediation, conciliation or other ADR;
• preparing an evaluation, recommendation or outcome where applicable;
• complying with legal and regulatory obligations;
• monitoring the quality and effectiveness of the ADR Scheme; and
• producing regulatory, statistical and annual reporting information.

5.5 Further information about how ProMediate processes personal data is contained in our Privacy Policy.

6. Use of Technology and Artificial Intelligence

6.1 ProMediate may use appropriate digital tools, including artificial intelligence (“AI”) assisted technology, in administering and conducting ADR.

6.2 Such technology may be used, where appropriate, to assist with tasks such as organising or summarising information, identifying relevant issues, reviewing documentation, preparing administrative material or supporting the efficient management of a complaint.

6.3 Any use of AI will be limited and proportionate to the purpose for which the information is being processed and subject to appropriate data protection, confidentiality and information security safeguards.

6.4 AI does not replace the independent judgment of the ADR Official. Decisions, recommendations, evaluations and the conduct of the ADR process remain subject to appropriate human oversight.

6.5 Personal data will not knowingly be processed through AI systems beyond what ProMediate reasonably considers necessary and proportionate for the administration or conduct of the ADR process.

7. Data Retention and Regulatory Reporting

7.1 ProMediate retains information relating to ADR complaints in accordance with its Data Retention Policy.

7.2 Case files and personal data will not be retained for longer than is reasonably necessary for the purposes for which they were collected, subject to ProMediate’s legal, insurance and regulatory obligations.

7.3 ProMediate is required to retain certain information concerning the operation and outcomes of its ADR Scheme for regulatory, audit, monitoring and reporting purposes.

7.4 This may include limited information concerning:

• the consumer;
• the trader or organisation;
• the category or subject matter of the complaint;
• relevant dates;
• the manner in which the complaint was dealt with;
• the outcome of the ADR process; and
• compliance with any agreed or recommended outcome.

7.5 Wherever appropriate, information used for statistical or public reporting purposes will be aggregated or anonymised.

8. Accuracy and Cooperation

8.1 You should provide information which is accurate to the best of your knowledge and should notify ProMediate if you become aware that material information previously provided was incorrect or incomplete.

8.2 You agree to cooperate reasonably with the ADR process, including responding to reasonable requests for information within any timescale specified.

8.3 ProMediate may close or decline to continue dealing with a complaint where a party fails to cooperate with the ADR process or where another ground for refusal or closure under the ADR Scheme Rules applies.

9. Settlement

9.1 ProMediate cannot require either party to settle a dispute.

9.2 Any settlement is a matter for the parties themselves.

9.3 Where an agreement is reached, the parties may record it in writing. A settlement agreement may create legally binding obligations and you should obtain independent legal advice if you are uncertain about its effect before agreeing to it.

10. Complaints About ProMediate

10.1 A complaint concerning ProMediate’s administration of the ADR process or the conduct of an ADR Official may be made in accordance with ProMediate’s Complaints Policy.

10.2 Disagreement with a settlement proposal, recommendation, evaluation or the other party’s position does not of itself amount to a complaint about ProMediate.

11. Agreement to Participate

By submitting your complaint and agreeing to these Terms and Conditions, you confirm that:

• you wish ProMediate to deal with your complaint through its ADR process;
• you understand that your participation is voluntary;
• you understand the confidential and without prejudice nature of settlement discussions;
• you authorise ProMediate to contact the trader or organisation complained about and obtain information relevant to your complaint;
• you understand that relevant information may be exchanged between the parties;
• you acknowledge that ProMediate will process your personal data for the purposes of administering and conducting the ADR process;
• you acknowledge that ProMediate may make limited and proportionate use of AI-assisted technology subject to appropriate safeguards and human oversight;
• you understand that certain information may be retained for regulatory, audit and reporting purposes in accordance with ProMediate’s Data Retention Policy; and
• you agree to comply with these Terms and Conditions and the applicable ADR Scheme Rules.

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