Mediation Privacy Notice
Mediation Privacy Notice
Effective date: 1st June 2026
Last reviewed: 18th June 2026
This privacy notice explains how I collect, use, store and protect personal information when you participate in mediation with The Separation Specialist.
It should be read alongside the Privacy Notice: Initial Enquiries & Website Use, which explains how information is handled before mediation begins.
Who is responsible for your information
The data controller is:
The Separation Specialist
Robert Cree-Hay
Bramble Lodge, BT20 3RY
info@separationspecialist.co.uk
+44 28 9146 5073
As data controller, I am responsible for deciding how your personal information is collected, used, stored and protected.
What information I may collect
During mediation, I may collect and process information including:
- names and contact details;
- dates of birth;
- emergency contact details where relevant;
- information relating to relationships, separation, children and family circumstances;
- information relating to finances, property, income, expenditure, assets, liabilities and pensions where relevant;
- correspondence relating to mediation;
- appointment information;
- administrative records;
- information provided during joint and individual meetings;
- mediation documents and agreements.
Special category information
Mediation may involve the discussion of sensitive personal information.
This may include information relating to:
- physical or mental health;
- emotional wellbeing;
- family and relationship circumstances;
- children and parenting arrangements;
- personal history and life experiences;
- other information considered special category data under UK GDPR.
This information is treated with particular care and protection.
How I collect information
Information may be collected through:
- mediation meetings;
- individual meetings with participants;
- telephone conversations;
- Zoom sessions;
- emails and other agreed communications;
- information provided on registration or mediation agreements;
- information voluntarily provided during the mediation process.
I will normally collect information directly from participants.
Why I use your information
I use your information to:
- provide mediation services;
- assess suitability for mediation;
- facilitate discussions and negotiations between participants;
- prepare mediation documents and agreements;
- manage appointments and communications;
- maintain appropriate professional records;
- fulfil ethical and professional obligations;
- manage safeguarding, risk and duty of care responsibilities;
- comply with legal, regulatory and insurance requirements.
Counselling and Mediation Boundaries
To ensure clarity, neutrality and professional integrity, I provide either counselling or mediation services to individuals connected with the same circumstances, but not both.
If I act as a mediator in relation to a matter, I will not subsequently provide counselling to any participant connected with that mediation.
Similarly, if I have provided counselling in relation to a matter, I will not subsequently act as mediator for any person connected with those circumstances.
This boundary helps maintain clear professional roles, protects confidentiality, avoids conflicts of interest, and supports a safe and ethical service for all involved.
My lawful basis for processing your information
Under UK GDPR, I must have a lawful basis for processing personal information.
The lawful bases relied upon may include:
Contract
To provide mediation services and manage the mediation process.
Legitimate Interests
To operate a safe and effective mediation practice, maintain appropriate records, fulfil professional obligations and protect the integrity of the mediation process.
Legal Obligation
Where processing is necessary to comply with legal, safeguarding or regulatory requirements.
Special Category Data
Where mediation involves special category data, processing is carried out for the provision and management of mediation services and in accordance with relevant data protection legislation.
Confidentiality and Without Prejudice Discussions
Confidentiality is a fundamental feature of mediation.
All participants, including the mediator, undertake to maintain the confidentiality of discussions that take place within the mediation process.
Mediation discussions are generally conducted on a confidential and without prejudice basis. Participants are responsible for obtaining their own independent legal advice regarding the legal status, admissibility or enforceability of any mediation discussions or documents.
Confidentiality may be limited where:
- there is a serious risk of harm to a person;
- safeguarding concerns arise;
- disclosure is required by law;
- disclosure is required by a court order;
- there are serious concerns relating to criminal activity or public safety.
Where possible and appropriate, I will seek to discuss any necessary disclosure with the participants concerned.
Joint and Individual Meetings
Information shared during joint mediation meetings is regarded as having been shared with all participants.
Information disclosed during individual meetings with the mediator will normally remain confidential unless the participant concerned gives express permission for that information to be introduced into the joint mediation process.
The mediator will not normally disclose information obtained during an individual meeting without the participant’s agreement, except where disclosure is required by law, safeguarding obligations or serious risk concerns.
Participant Responsibilities
Participants are expected to respect the confidential nature of mediation and to handle information disclosed during the process responsibly.
Participants should consider carefully how information obtained during mediation is used or shared outside the mediation process and should seek independent legal or professional advice where appropriate.
Financial Information
Where mediation includes financial matters, participants may voluntarily provide information relating to income, expenditure, assets, liabilities, pensions, property and other financial arrangements.
Financial and other information voluntarily introduced into an all-issues mediation process is ordinarily regarded as having been shared with all participants and may subsequently be shared with legal, financial or other professional advisers as part of implementing, reviewing or formalising proposals or agreements reached.
Participants are responsible for ensuring that any financial information they provide is accurate and complete to the best of their knowledge.
Sharing Information
I do not sell personal information.
Information may be shared only where necessary and appropriate with:
- participants in the mediation process;
- professional advisers such as solicitors, accountants or insurers;
- safeguarding authorities;
- emergency services;
- regulatory or legal bodies where required by law.
Any sharing will be limited to what is necessary for the relevant purpose.
Mediation Records and Documents
I maintain appropriate mediation records.
These may include:
- Agreement to Mediate;
- Mediated Agreements;
- Summary of Agreement;
- Co-Parenting Plans;
- Open Financial Statements;
- appointment and administrative records;
- correspondence relating to mediation.
Records are maintained only to the extent necessary for safe, ethical and professional practice.
Retention Periods
Mediation records are normally retained for:
Seven years following the conclusion of mediation.
Records may be retained for longer where there is a legal, insurance, safeguarding or professional reason for doing so.
At the end of the retention period, records will be securely deleted or destroyed.
How I keep information secure
I take reasonable steps to protect personal information from loss, misuse, unauthorised access, disclosure or alteration.
This may include:
- password-protected systems;
- secure electronic storage;
- restricted access to records;
- secure disposal procedures;
- appropriate professional record management.
Your rights
Under UK data protection law, you have rights including the right to:
- be informed about how your information is used;
- request access to your information;
- request correction of inaccurate information;
- request erasure in certain circumstances;
- restrict or object to certain processing activities;
- withdraw consent where consent is being relied upon;
- lodge a complaint with the Information Commissioner’s Office.
Some rights may be limited where professional, legal or safeguarding considerations apply.
Complaints
If you have concerns about how your information has been handled, please contact me in the first instance.
You also have the right to complain to the Information Commissioner’s Office, the UK regulator for data protection matters.
Website: ico.org.uk
Telephone: 0303 123 1113
Changes to this notice
I may update this privacy notice from time to time.
The most recent version will always be available on this website.