Terms and Conditions of Use

Generally

By using this website, you agree to be bound by these Terms and Conditions of Use (Conditions) including the provisions as to cookies.  If you do not accept the Conditions then you should exit this site immediately.  This web site is only for the use of persons having an interest in mediation and/or mediation advocacy and/or alternative dispute resolution.  English law governs the operation of the web site and you agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.

Beckwith Mediation (BM) is a Limited Liability Partnership (OC401081) registered in England.  Where used, the term 'Partner' denotes a member of the LLP.  The same term is also used in a generic "partnering" sense and may therefore mean an employee or a consultant/associate with equivalent standing but who is not a member of the LLP nor a "partner" in any legal sense.  A list of members of the LLP is available upon request.

BM provides alternative dispute resolution and mediation services.  It may also offer construction project management, quantity surveying, contract administration and related contractual services from time to time.  BM does not provide reserved legal services for which activities a Solicitor and/or a Barrister may be engaged.  All enquiries and appointments are subject to contract.

BM (and more particularly Douglas Beckwith) is the developer of the zeusODR on-line dispute resolution software platform (zeusODR).  BM exerts all rights in the software as author.  Use of zeusODR, and any of the applications based on or described as being part of the zeusODR platform, is subject to any licence accompanying the software as well as any disclaimer and/or limitation contained in the Conditions.  The zeusODR platform currently comprises the following uses / applications: (1) DART Community; (2) Dispute Avoidance and Issue Resolution Toolkit (DART); (3) DART Help Desk; (4) DART Campus; (5) the Virtual Mediation Court; (6) DART Users Guide; (7) subrosa the Mediation Case Manager together with any reporting and/or ancillary software related to same.  BM reserves the right to amend this list at any time without notice.

Disclaimer

The information on this web site (and on any accompanying facility such as a Help Desk, virtual learning environment or other web site of any kind whatsoever) is provided in good faith and BM believes it to be accurate.  However, nothing contained in this web site or in any document or publication downloaded from it, constitutes specific technical, consulting, contractual or legal advice.  If you wish to obtain services from BM, you should not rely solely on the information in this web site but should make specific enquiry concerning the nature of the services and their suitability for the use to which they will be put.  Unless stated otherwise, all information on this web site is supplied without warranty, condition or other term as to the quality of any services or their suitability for any particular purpose.  Legislation may confer rights and remedies upon you in relation by BM of goods or services on the web site that cannot be excluded, restricted or modified ("non-excludable rights").  BM does not exclude any non-excludable rights but does exclude all other conditions and warranties implied by custom, law or statute.  Except as provided for by the non-excludable rights:

  1. All content and on-line services are provided "as-is" and without warranties of any kind, express or implied;
  2. BM and any related entities, associates and suppliers expressly disclaim all warranties of any kind including but not limited to implied warranties of merchantability and fitness for a particular purpose;
  3. BM does not warrant that the functions contained in any content or service or that your access to the website will be uninterrupted or error-free, that any defect will be corrected or that the web site or server (or servers) which stores and transmits content to you are free from viruses or any harmful component;
  4. BM does not warrant nor make any representation regarding your acccess to, or the results of your access to, the web site (including any related or linked web sites) or any content in terms of accuracy, timeliness, completeness, reliability or otherwise.Under no circumstances (including but not limited to any act or omission on the part of BM) will BM be liable for any direct, indirect, incidental, special and/or consequental damage or loss of profits whatsoever which results from any use or access to, or any inability to use or access, the web site or any content.

The language of this web site (and e-shop) is English.  Translations are provided for the convenience of non-English speaking/bilingual users within the United Kingdom only.  All translations have been automatically generated using "Bing".  No responsibility is accepted for the accuracy, inaccuracy, use or otherwise of translated text.  Some links may not operate correctly on translated pages.

Copyright, Trade and Other Marks

Copyright in the material on this web site is owned or licensed by BM.  Except where necessary for viewing the material on this web site on your browser, or as permitted under the Copyright Act or other applicable laws or these terms and conditions of use, no material on this web site may be reproduced, adapted, uploaded to a third party, linked to, performed in public, distributed or transmitted in any form by any process without the written consent of BM.  No licence, interest or right to or in any such marks is granted to or conferred upon you.  Any reproduction or use of any content on this site, without the express consent of BM or unless expressly authorised by law, is prohibited.

Links and Related Web Sites

This web site may contain links to other web sites, pages or facilities including those of sites and/or entities owned by or related to BM.  Those links are provided for convenience only and may not remain current or be updated.  Links to those web sites should not be construed as any endorsement, approval, recommendation or preference by BM of the owners or operators of those web sites, or of any information, products or services as the case may be referred to on those other web sites.  Any party seeking to link to this site either directly or otherwise must first seek and obtain written consent from BM.

Privacy Statement and Cookies

BM abides by relevant privacy legislation.  When you visit this site the following information may be recorded by BMor its service providers (e.g. BM's Internet Service Provider, Google Analytics, search engines, etc) for statistical purposes.

  • A record of your server IP address;
  • The top level domain name;
  • The date and time of your visit to the site;
  • The pages accessed and the documents downloaded;
  • The previous site visited;
  • The type of browser that you are using and your operating system.

Cookies may be used to assist these processes.  No attempt will be made by BM to identify users or their browsing activities except, in the unlikely event of an investigation, where a law enforcement agency, security service or the court may exercise its valid authority to inspect log files held by our Internet Service Providers.

Complaints

All complaints are handled in accordance with our Complaints Handling Procedure.

Important Notice

Please note that personnel (whether Members, Principals, Consultants, staff or Associates) who hold the degree of Barrister but who have not concluded Pupillage and obtained a practising certificate ("unregistered barristers" (previously known as non-practising barristers)) cannot conduct immigration / litigation work or appear as a barrister in court.  The Bar Standards Board can consider complaints against these people for conduct only.  All liability is subject to our terms of engagement for each project and for which appropriate Professional Indemnity Insurance is held.  A list of unregistered barristers is available on request. 

Contacting Beckwith Mediation

BM will record your email address if you send a message to us.  It may be used for the purposes for which you have provided it and may be added to a mailing list (including the mailing lists of related BM entities) and you give us permission to so use it in this way.  We will not use your email address for any other purpose and we will not disclose it to any third party without your consent.  If you do not wish your email address to be used in this way please notify us in writing and we will ensure that your email address is removed from our system.  You should note that there are risks associated with the transmission of information over the internet.

Last updated: April 2016