The terms on which we will provide our referral service are set out below. Please read these terms of service carefully before submitting your request for a referral via our site. You should understand that by requesting a referral you agree to be bound by our terms of service. You should print a copy of these terms of service for future reference. Please understand that if you refuse to accept these terms of service, we will not be able to process your referral request. We reserve the right to change our terms from time to time to reflect, for example, changes in payment terms, market conditions or the law. We will give you prior notice of those changes and you will be able to decide whether you want to continue with our services.
You may cancel the contract at any time within 14 days of date of the contract i.e. the date on which you request us to make a referral for you to have a free legal consultation. To cancel the contract with us, you must inform us in writing. If you wish us to forward your details to a Dialogue First Lawyer before the expiry of the cancellation period, then you must make a request in writing (and that written request will be made when you click the Submit Button on our website) in which case your right to cancel ceases on the date on which we provide the referral service being the date we email you to confirm the referral has been made by us on your behalf. This provision does not affect your other statutory rights as a consumer.
Our services are provided by Advantage Resolution Limited trading as dialoguefirst.co.uk, company number 07711309, Registered in England, Registered Office: 35 Shannon Court, Dynevor Road, London N16 0DB. Legal advice is provided by specialist independent law firms on our panel (“Dialogue First Lawyer(s)”)
We will charge you a fee of £250.00 for the services we provide. A higher fee will be charged for a bespoke version of the services which will be communicated to you should your financial circumstances fall into this bracket. This is a separate fee to any fee charged by the mediator and law firm and will become due and payable to us at the point you instruct a Dialogue First Lawyer. The fee is due and payable once a Dialogue First Lawyer is instructed by you (whether or not the lawyer is subsequently dis-instructed or the case does not proceed to mediation for any reason). For the avoidance of doubt no fee becomes payable if you request that we make a referral for a free legal consultation. The fee only becomes payable upon you instructing a Dialogue First Lawyer for the services.
Our role is that of a provider of information. We do not give legal advice and we do not mediate on your behalf. And we reserve the right at any time to withdraw the offer of a free legal consultation if we believe our service does not match your circumstances. The law firm we introduce you to also reserves the right to refuse the offer of a free legal consultation if they believe our service does not match your circumstances.
There are instances where mediation – and by extension our approach to mediation – will not be appropriate. In particular, our services are not available to a party whose circumstances relate to domestic violence and/or where a child is at risk of serious harm. If any of circumstances arise we ask that you make a participating lawyer and mediator immediately aware so they can advise you swiftly and accordingly.
We are not responsible for the services or advice provided to you by participating lawyers, mediation services or third party experts. They will contract with you on their terms of business. As mentioned above, Dialogue First Lawyers, mediation services and third party experts, have considerable experience and operate independently of Advantage Resolution Limited trading as dialoguefirst.co.uk.
Unless we are prevented by reasons outside our reasonable control we will perform our services with reasonable care and skill and will ensure that our services comply with all applicable statutory and regulatory requirements for supplying our services in the United Kingdom. This warranty is in addition to your legal rights in relation to any of our services which are not carried out with reasonable skill and care or which otherwise do not conform with these terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
We will make every effort to complete our services on time but there may be delays due to circumstances beyond our control. In this case we will complete our services as soon as reasonably possible.
Subject to paragraph 11 below, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which we or you could reasonably foresee would result from the failure to comply with these terms. Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories: loss of income or revenue; loss of business; loss of anticipated savings; or loss of data.
However, these terms shall not prevent claims for foreseeable loss of, or damage to, your physical property. This clause does not include or limit in any way our liability for: death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
We accept that your personal information is confidential and we will take reasonable steps to ensure that the information remains confidential. We will only use the information you give to us to provide our services. Subject to paragraph 13 below, we will only provide your personal information to participating lawyers and mediators. Nothing in these terms affects the duty of confidentiality owed to you by any participating law firm.
Should we be made aware that an individual is at risk or that criminal activity has taken or might take place we reserve the right to report such information to the appropriate authorities and refuse to supply or suspend the services and to request participating lawyers to do the same and to inform them of the reasons for the withdrawal or suspension.
Advantage Resolution Limited does not receive any payment from any lawyers who provide you with legal advice in support of mediation. Our remuneration is from the payment made by you under paragraph 4 above.
We are registered under the Data Protection Act and will abide by the data protection principles set out in that legislation.
A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
These Terms shall be governed by English law and you and we both agree to the exclusive jurisdiction of the English courts.