Our Policies
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Policy for the Use of AI in Mediation
Purpose
This policy outlines the guidelines and ethical considerations for integrating artificial intelligence (AI) into mediation processes. The objective is to enhance the mediation experience while ensuring confidentiality, privacy, and the integrity of all parties involved.
Scope
This policy applies to all mediators, participants, and any personnel involved in the mediation process utilizing AI technologies.
Policy Statements1. AI Usage in Mediation
- AI may be used to facilitate communication, provide insights, and assist mediators in analysing data relevant to the mediation process.
- AI tools should be employed only in a manner that complements human mediation, ensuring that the primary role of the mediator remains central to the process.
- The application of AI must adhere to ethical standards and promote fairness, impartiality, and respect for all parties involved.
2. Confidentiality and Privacy
- All mediation sessions utilising AI will prioritise confidentiality. Information shared during mediation will be treated as strictly confidential and will not be disclosed to unauthorised parties.
- AI systems used in mediation must comply with relevant data protection regulations (e.g., GDPR, HIPAA) to safeguard personal information.
3. Recording and Data Management
- Recordings of mediation sessions may be made for quality assurance, training, or evaluation purposes only with the consent of all parties involved and included in the Agreement to Mediate.
- All recorded data will be securely stored and will undergo an automatic deletion process as follows:
- Recordings will be retained for a maximum of 30 days.
- After the retention period, all recordings will be permanently deleted from all storage systems, ensuring that no copies remain.
- Participants will be informed of their rights regarding recordings and the deletion policy prior to the mediation session via the agreement as within the MIAM.
4. Transparency
- Participants will be informed about the use of AI in the mediation process, including its purpose and functionalities.
- Mediators must disclose any AI tools being used and their implications for the mediation process.
5. Training and Competence
- Mediators using AI tools must receive appropriate training to ensure they understand how to effectively integrate AI into mediation while upholding ethical standards.
- Continuous education on advancements in AI technology and ethical implications will be encouraged.
6. Monitoring and Review
- This policy will be reviewed annually to adapt to technological advancements, regulatory changes, and feedback from mediation participants.
- Any breaches of this policy must be reported immediately, investigated, and addressed according to established protocols.
Enforcement
Failure to comply with this policy may result in termination of mediation services and referral to membership authority, depending on the severity of the violation.
Conclusion
The use of AI in mediation should enhance the process while maintaining the highest standards of confidentiality, privacy, and ethical conduct. This policy serves as a framework to guide the responsible integration of AI technologies into mediation practices. -
FEEDBACK, CONCERNS AND COMPLAINTS
If you have any concerns, worries or complaints, please contact Anna Robinson direct. I will contact you immediately. The views of my clients are important to me.
Family Mediation Cases
We will make every effort to use these views in a constructive manner, to continually improve the way that we practice. My complaints procedure complies with the Family Mediation Council (FMC) Code of Practice.
A complaint against a mediator must relate to breaches of the FMC’s Codes of Practice or Standards Framework that occurred during the last three months.
Civil Mediation Cases
We will make every effort to use the views received in a constructive manner, to continually improve the way we practice. My complaints procedure complies with the CMC code of practice. A complaint against a mediator must relate to breaches of the FMC’s Codes of Practice or Standards Framework that occurred during the last three months.
A complaint against a mediator must relate to breaches of the CMC’s Codes of Practice or Standards Framework that occurred during the last three months.
For any case where complaints relate to the way a mediation was conducted as a whole, the date the three months runs from is the date of last mediation session.
A COMPLAINT CAN BE MADE BY:
· Any client, former client or qualifying third party.
· A prospective client who has been directly affected by a mediator’s professional behaviour.
· A person who has been invited to participate in a mediation process, for example another professional who attends a mediation. Please be aware that I do not have to investigate complaints that are vexatious or purely personal in nature.
These are defined as:
· the purpose appears to be to intimidate, disturb, disrupt and/or unduly or unfairly pressurise the mediator or the FMSB / CMC; -
· they are persistent/repetitive, and repeating the same or substantially similar complaints which have already been investigated; -
· they are clearly unfounded and unsupported by evidence.
· they are irrelevant and relate to matters other than mediation.
· abusive or offensive language is used.
· Complaints can be considered of a purely personal nature if they are discriminatory or focus on the personal attributes or circumstances of a mediator rather than their actions as a mediator.
HOW I WILL HANDLE YOUR COMPLAINT
1. I will ask you to address any concern or dissatisfaction with me. I will listen and try to resolve the matter with you. This will be acknowledged in writing with 5 working days of receipt.
2. If you still feel dissatisfied, I ask that concerns are put in writing, via email or letter, for a thorough consideration of the complaint. This is likely to include consultation with another experienced mediator, or in my Family mediation cases my Professional Practice Consultant. Written complaints will be acknowledged within 5 working days of receipt and responded to within 21 working days of receipt. On occasion, further time may be required, in which case you will be notified in writing.
3. Where I recognise that a complaint is justified, I will offer appropriate redress. Examples of this could include an apology, reimbursement of fees, an explanation of process or regulations, or assurances for the future.
In the case of registered mediation providers, the investigation will be carried out by somebody other than the mediator that the complaint refers to. This could be a PPC (supervisor) or co-mediation colleague.
4. Entering mediation if the complaint is also an option, where both you and I wish for it.
5. If you are still not satisfied by the response after completing the above stages of the procedure, if the complaint meets the criteria as set out above, you can ask the Family Mediation Standards Board (FMSB) or Civil mediation Council (CMC) to consider the complaint. Appeals must be made in writing within 5 working days from the date of the outcome of the complaint. How these appeals are handled is linked to FMSB or CMC policy and procedure which can be accessed online https://civilmediation.org/for-the-public-complaints/
or
via FMC website https://www.familymediationcouncil.org.uk/complaints-about-mediators/
Complaints about a mediator contacting a potential participant do not therefore need to be investigated by mediators and will not be accepted by the FMSB or CMC. Regarding family mediation, mediators may sign court forms to say one person has attended a Mediation Information and Assessment Meeting (MIAM) without notifying a potential second mediation participant or inviting them to attend MIAM themselves.
Complaints about a mediator not contacting a potential participant do not therefore need to be investigated by mediators and will not be accepted by the FMSB or CMC. Please note that neither mediators nor the CMC/ FMSB will be able to disclose any information to you that is confidential between the mediator and the mediation participant(s). It is therefore normal that as a third party, you will only receive a limited amount of information in response to your complaint, even in circumstances where it is considered by the FMSB or CMC.
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Turning Point Mediation
Privacy policy
This privacy policy sets out how Turning Point mediations (TPM) uses and protects any information you give us in accordance with the General Data Protection Regulations (GDPR).
Turning Point Mediation is registered with the Information Commissioners Office (ICO). Any information you provide us will only be used in accordance with this privacy statement.
We will never share your details with anyone else without your express permission (your consent).
We are committed to ensuring your information is secure. To prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect.
What information do we collect?
The contact information you provide us with is used to contact you and the other party or client (and/or their legal representatives) as is necessary to help with the process of mediation, for example to fulfil a query or arrange a mediation; or to provide information about mediation.
Mediations themselves are confidential and information acquired during a mediation will be kept confidential except when disclosure is demanded by the law or by agreement between the parties.
An example if this is an Open Financial Summary (OFS). Data Protection FMS needs, or is required, to maintain personal data about living individuals to conduct its business.
This includes data regarding:
· Current, past and prospective employees;
· Our enquirers, clients, or parties to mediation;
· Suppliers and those with whom we need to communicate.
To maintain that data FMS complies with the eight Data Protection Principles:
1. Personal data shall be processed fairly and lawfully.
2. Personal data shall be obtained only for one or more specified and lawful purposes and shall not be further processed in any manner incompatible with that purpose or those purposes.
3. Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4. Personal data shall be accurate and, where necessary, kept up to date.
5. Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6. Personal data shall be processed in accordance with the rights of data subjects under this Act.
7. Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8. Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Reason for keeping Data FMS complies with the six headings for the lawful basis for keeping data:
· Legitimate interest
· Public Task
· Legal Obligation
· Consent
· Contract
· Vital Interest.
Most data will be captured, stored and used in compliance with items 1, 2 & 3, legitimate interest, public task and legal obligation. Internally the data is used in the process in and action of mediation. It is also used in accounting, reporting to HMRC, reporting to the Legal Aid department, and other areas of obligation.
Data is kept for the minimal time necessary, but the time limits can be affected by legal obligation or legal necessity. For example, HMRC or legal aid. The actual time we keep data and in what form can be supplied by FMS. Special Category Data FMS only collects special category data when:
· Acting as the data collector on behalf of the Legal Aid Agency as required in connection with the provision of legal aid.
· When providing Child Inclusive Mediation, the express consent of parent and child is necessary and is recorded when secured. Our Commitments FMS commits to ensuring we:
· Comply with the eight data protection principles (listed above)
· Meet our legal obligations as laid down by the Data Protection Act 1998
· Collect data fairly and lawfully
· Process personal data only to meet our operational needs or fulfil legal requirements
· Work to make sure personal data is up to date and accurate
· Put in place appropriate retention periods for personal data
· Put in place adequate security measures to protect personal data
· Have a nominated officer (see below) who is responsible for data protection compliance and provides a point of contact for all data protection issues
· Make all staff aware of good practice in data protection
· Provide everyone handling personal data with further guidance
· Deal with data protection enquiries effectively and promptly.
· Review data protection procedures and guidelines within the organisation on a regular basis Data Controller FMS has appointed Anna Robinson as the Data Controller.
Website: Google Analytics FMS also use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyse how users use the website. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on its servers. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. Links to other sites The FMS website contains links to other websites.
This privacy policy applies only to our site, so you should always be aware of this when you are moving to another site and should read the privacy statement of any separate site which collects personal information.
We do not pass on any personal information about our visitors to any other site. Further information may be obtained by emailing: anna@turningpointmediation.co.uk