Alternative Dispute Resolution - after you apply
What happens after you've applied for the Alternative Dispute Resolution (ADR) service?
The contact forms on the website for ADR are simply to get your contact details and some basic information to start the process.
After we receive the contact form from you, we will send out an ADR pack which includes a full application form. This will be sent by post or email depending on your preferred method of communication.
A copy of your application and evidence will be sent to the business.
The business will have 7 days from when they receive your application to submit their evidence. Paper applications may take longer to process than online applications.
You and the business will both see the evidence supplied by each other and will be given the opportunity to comment on it and provide further evidence in relation to it.
We will notify you and the business when all the evidence has been received. Both parties will be contacted by the Case Officer who is mediating.
Further information will be provided as the case progresses through the scheme.
A flowchart of the scheme is available to view below:
- ADR process flow chart
- Download (1.61MB)
The result of both Mediation and Adjudication will be sent to both parties in writing.
We aim to finalise any mediation within 28 days from receiving your application, and adjudication within 28 days of the case being referred to adjudication. Sometimes it is necessary to extend this if there are unusual circumstances or an expert opinion is required.
We will consider all of the evidence and reach a conclusion based on the principles of fairness, equity, relevant law and trade standards. Our decision will be based on the written evidence alone. We won't ask you or the trader to give spoken evidence and we won't follow up with witnesses. We will make an adjudication solely on the evidence and award financial recompense if appropriate.
The onus is on you and the business to be clear, transparent and honest. Where there is evidence of dishonesty by either the business or by you then this may be taken into account by the adjudicator and the matter may be reported to the police.
We will produce a written report and conclusion. If you applied online we will send your report by email. If you applied by post we will send it by post.
If we find in your favour we may include costs you have incurred in securing evidence in your award. It is important that you set out these costs when you apply.
The outcome is not binding on you as a consumer, and you may seek redress through court proceedings instead. Any settlement proposed through the scheme is made on a full and final settlement basis. The outcome is binding on the business only if there is a legal requirement for them to be bound or if it is a condition of their membership of a trade association or similar body that they agree to be bound. Any proposed solution may differ from a decision of the courts.
Should you or the business not accept our decision and the matter ends up before a court, the court may take into account our findings in reaching their conclusions.
You and the business may withdraw from the process at any time. Only businesses that have a legal duty to participate as a condition of their membership of a trade association or similar body cannot withdraw.
For the purposes of the Alternate Dispute Resolution Scheme you will need to give us your name, address, phone number and email address on the application form.
We will keep your personal details on our secure database and at this stage we will only share them with the business you are in dispute with.
We will share your application with the mediator and if necessary an adjudicator to make a decision. Outside of the ADR scheme we will only show your application to bodies responsible for auditing the scheme for the purposes of the accreditation. Your application, including the adjudicator’s decision, will be kept on our secure database in line with the Authority’s Data Retention Policy.
Downloads & Resources
- ADR process flow chart
- Download (166KB - PDF)
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