Data Retention Policy

As part of the mediation process, Lingwood Mediation may collect and analyse clients’ personal data including, but not limited to, personal financial statements and legal documents to support claims of ownership of assets, and liabilities. All such documents are collected and processed solely for the purposes of assisting clients to reach a mediated agreement.

Such documents may be shared with a client’s appointed third-party experts (as set out in the

Agreement to Mediate). Lingwood Mediation will return these documents to clients upon termination of mediation, whether because of an agreement or otherwise. If a client cannot arrange to call to the office to collect these documents, a charge for sending any such material by registered post may be levied to your account.

In accordance with Irish tax law, Lingwood Mediation will keep your basic personal data (name, address, contact details) together with invoices and any remittance advice issued, for a minimum of 6 years, after which time it will be removed from records and destroyed.

Financial documents such as bank statements, pension fund statements, credit card statements, and other personal financial documents provided to vouch personal statements of means or welfare, will be promptly removed from electronic data storage once mediation has ended. Paper records, where they exist, of such material will be returned to the data subject or destroyed.

The other information in a client’s file, including email, written communications, mediator notes and copies of any agreements reached, will be retained by Lingwood Mediation for a period not exceeding 6 years following the end of your mediation.

Your mediation will be considered to have ended when:

a) Agreement has been reached and no date has been set for review of that agreement with the mediator. In the case of a scheduled review, the date of successful review will be taken to be the date the mediation “ended”.

b) The parties or mediator end mediation by withdrawing (as described in Section 6 of

The Mediation Act 2017) and the parties whose data is on file do not subsequently resume mediation with Lingwood Mediation to attempt to resolve the same matters.

These documents are retained for administrative & insurance purposes only. Such documents will only be provided to a third party, at the express request of the client. The responsibility for storage of original agreements lies with the clients themselves, and Lingwood Mediation assumes no responsibility or liability for the unavailability to former or current clients of copies of agreements reached, within the 6-year retention period.

An agreement with a term shorter than 3 years will not be deemed to be the termination of the

mediation, unless the parties to the agreement both expressly communicate to Lingwood Mediation that mediation has terminated and that they will not be availing of its services in the future.

Lingwood Mediation reserves the right to use retained material to respond to a legal dispute arising from the work on any case, however, confidentiality will be respected in accordance with the Agreement to Mediate and Section 10 of the Mediation Act 2017.

Lingwood Mediation reserves the right to retain clients’ contact information for a period exceeding 6 years where there are fees outstanding, and the retention of such information is required to enable Lingwood Mediation to recover said fees by legal means. In such circumstances, clients’ contact information will be deleted from our records upon final payment.