Business ADR Guidance

Business Membership

All businesses which offer goods or services have to provide details of ADR providers to consumers.

We do not propose a solution but any mediation will take into account consumer law to ensure neither party is deprived of the protections those laws allow.

The outcome is binding on the parties if they reach agreement.

The participants do not have to seek independent advice or third party assistance in order to access the ProMediate ADR procedure but they may do so if they wish.

Participation in the procedure does not prevent the possibility of seeking redress through court proceedings; and the proposed solution may be different from an outcome determined by a court applying legal rules.

We offer a top quality service staffed by trained professionals and offer a 24 hour response time.  Therefore, ProMediate does ask businesses to become members of our ADR scheme.

ProMediate is offering to allow businesses to try the ADR process before they buy membership.

Membership is not obligatory, but it does speed up the process as we know that members have agreed in principle to mediate. We also prioritise members’ complaints.

ProMediate is authorised by CTSI to provide mediation services for consumer/business disputes in the UK.

We do not propose a solution but any mediation will take into account consumer law to ensure neither party is deprived of the protections those laws allow.

The outcome is binding on the parties if they reach agreement.

The participants do not have to seek independent advice or third party assistance in order to access the ProMediate ADR procedure but they may do so if they wish.

Participation in the procedure does not prevent the possibility of seeking redress through court proceedings; and the proposed solution may be different from an outcome determined by a court applying legal rules.

The charges that ProMediate is authorised to raise for each dispute dealt with from businesses is as follows:

Cost to businesses:

Value of Goods or Services

Up to £1,000 – £75 plus VAT

– £2,500 – £100 plus VAT

– £5,000 – £125 plus VAT

– £7,500 – £150 plus VAT

– £10,000 – £175 plus VAT

If the business wishes to pay for the consumer’s share of the mediation cost, as a matter of complaints handling policy, please inform us.

Payment can be made here for individual disputes:

 

Value of dispute

Up to £1000 -£75 £75.00 GBPUp to £2500 -£100 £100.00 GBPUp to £5000 -£125 £125.00 GBPUp to £7500 -£150 £150.00 GBPUp to £10,000 -£175 £175.00 GBP

MEMBERSHIP PACKAGES

ProMediate has to charge a membership fee because of the administration and regulatory costs involved in running the Click2Resolve scheme.

The Following Membership Packages are available:

Silver – £100 plus VAT per annum

Regular ProMediate newsletter

Advice regarding compliance with the ADR Directive and ODR Regulations

Feedback regarding any complaints dealt with.

Gold – £250 plus VAT per annum

Plus – 1 free mediation of any value

Platinum – £500 plus VAT per annum

Plus – 2 free mediations of any value

Access to dedicated 24 hour ADR Helpline.

ProMediate Membership Fees

Silver Membership Package including VAT : £120.00 GBP – yearlyGold Membership Package including VAT : £300.00 GBP – yearlyPlatinum Membership Package including VAT : £600.00 GBP – monthly

Member Name Details

 

Try before you buy – If the business is approached to mediate by the customer or ProMediate, then the business does not need to pay the membership fee prior to the first mediation.

GUIDANCE FOR BUSINESSES

What is ProMediate?

We are an independent alternative dispute resolution service, which is the trading name of ProMediate (UK) Limited, which has been set up to resolve disputes between customers and businesses in the UK in accordance with the ADR Regulations.

ProMediate (UK) Limited is registered with the Civil Mediation Council and authorised by Trading Standards. We will accept any complaints about a business, subject to the terms of acceptance, to include both domestic and cross-border disputes, including disputes referred via the new online dispute resolution platform. We operate a voluntary mediation process, as opposed to an Ombudsman or Arbitration style process where a decision is imposed on the parties.

We do not propose a solution but any mediation will take into account consumer law to ensure neither party is deprived of the protections those laws allow.

The outcome is binding on the parties if they reach agreement.

The participants do not have to seek independent advice or third party assistance in order to access the ProMediate ADR procedure but they may do so if they wish.

Participation in the procedure does not prevent the possibility of seeking redress through court proceedings; and the proposed solution may be different from an outcome determined by a court applying legal rules.

What is the cost to businesses?

Owing to regulatory and insurance costs we do need to charge an annual membership fee, although it is not necessary to become a member on the first occasion services are used.

Membership Fee

There are Silver, gold and platinum memberships available to businesses of £100 plus VAT, £250 plus VAT and £500 plus VAT in return for which ProMediate will provide suggested wording to insert into the business’ terms and conditions and regular newsletters.

Alternatively, larger businesses can agree an all inclusive membership fee to include a number of mediations.

Try before you buy – If the business is approached to mediate by the customer or ProMediate, then the business does not need to pay the membership fee prior to the first mediation.

ProMediate’s mediation fees must be paid before the business submits any response to a customer complaint registered with Click2Resolve and the process continues. If the Business refuses to pay any charges the process will be terminated and the customer will be refunded.

The Business indicates agreement to the terms of the of the mediation process when submitting the Response Form. Payment can be made via Paypal below:

The scheme is designed to save businesses and consumers the cost of bringing Court proceedings, which can be expensive.

Who makes the decision in relation to my dispute?

We do not make a decision about your dispute but conciliates and mediates between the business and customer in an attempt to help you to reach a settlement.

The process is entirely voluntary and non-binding until any agreement is reached between you. The process begins with the customer submitting a Complaint Form and supporting documents, by post, uploading them to the website, or emailing them. This follows on from them having been through your internal complaints process and up sending them a deadlock letter which needs to provide details of an ADR provider.

Participation in the procedure does not prevent the possibility of seeking redress through court proceedings; and the proposed solution may be different from an outcome determined by a court applying legal rules.

The customer will also indicate their chosen method of communication for the process and make payment. After the customer has submitted their Complaint Form and any supporting documents, by post or online, we will forward these to the Business within 7 calendar days. The business will then submit its Response Form and supporting documents within 7 calendar days, and we will then contact the parties by telephone or email to try to resolve the case, within a further 7 calendar days. Upon receipt of the Complaint Form a mediator will be allocated to the case, after first checking that they have no conflict of interest and that the Refusals Policy (see below) does not apply.

ADR Officials/Mediators

The complaint will be dealt with by a professional, fully trained mediator (ADR Official) who will be completely independent and impartial as well as being knowledgeable about the Consumer Rights Act 2015 and other consumer legislation. A list of our current mediators can be found on the website, with details of their experience and qualifications. The mediators possess a general understanding of the law and the necessary knowledge and skills in the field of out of court or judicial resolution of consumer disputes, to be able to carry out their functions competently.

Each mediator is a permanent appointment to the panel of mediators and an independent contractor, ensuring the independence of their actions and they cannot be relieved of their duties without just cause. We will replace a mediator who declares that they have a conflict of interest in relation to a dispute with another mediator. If a mediator who declares a conflict of interest cannot be replaced by another mediator, then the mediator will stop conducting the dispute resolution procedure.

None of the mediators can have been employed by you or received any direct payment from you.  They cannot deal with any dispute when they have done so,

Where possible, a proposal will be put to the parties that they submit their dispute to another ADR organisation competent to deal with it. Where this is not possible, a declaration will be put to the parties as to the circumstances of the conflict of interest declared by the mediator, that they have a right to object to that mediator continuing to handle their dispute and that the organisation can only continue to deal with the dispute if no party objects.

The Mediation Process

The mediator will act as a go-between between you and the customer, discuss the details of the complaint and see whether there is any scope for agreement between you. All communications between you, the customer and the mediator during the process will be “without prejudice” (that is, that they cannot be referred to elsewhere, for instance in court proceedings) and are non-binding. You are free at any stage to terminate the mediation process.

How will the mediator assist in resolving the case?

The mediator will negotiate between the parties to find an amicable solution. During the process, the mediator will consider the evidence submitted by the parties and their Complaint and Response Forms.

They will also consider all relevant law and will consider what is most fair and reasonable in light of all of the circumstances before them when negotiating. The process can be extended by consent, upon payment of a further fee. There is a long stop deadline of 90 calendar days to complete the process from the date of receipt of the Complaint Form.

The mediator may set up an online mediation by zoom to try to help resolve matters with the customer.

Can I talk directly to the mediator?

Yes, the mediator will email or telephone you after you have submitted your response to the claim (online, by email or by post), within 7 calendar days. During the mediation the mediator is available to discuss the matter further by telephone (without the customer hearing what you say) or by email. The process is flexible and therefore communications between the parties and the mediator can take place by telephone, email, or post and documents can be uploaded onto the website. The mediator will adopt the means of communication with the customer indicated as preferred by the customer when submitting their Complaint Form.

The mediator may set up a telephone or zoom mediation meeting with all parties to try to resolve the matter.

Will there be a hearing for me to provide evidence?

No, there is no hearing as such where a decision is made. Instead, the mediator will communicate with you and the business separately in confidence to try to resolve the case, using your chosen means of communication.

There may be a zoom online mediation meeting or telephone mediation set up if the mediator considers that this may assist.

How will the mediator assist in resolving the case?

The mediator will email or telephone you within 7 calendar days after you have submitted your Response Form and supporting documents. During the mediation, the mediator is available to discuss the matter further by telephone (without the customer hearing what you say) or by email. The process is flexible and therefore communications between the parties and the mediator can take place by telephone, email, or post or in an online meeting and documents can be uploaded onto the website.

When will the dispute be resolved?

We will deal with your dispute within 28 calendar days of receiving the completed Response Form (long stop of 90 days). At the conclusion of the 28 day process, if the matter has not been resolved, the mediator will confirm this in durable format, or the parties can agree to extend the process upon payment of a further fee. There is a long stop deadline of 90 days from receipt of the Complaint Form to complete the process.

Do I have to use Us?

No, there is no obligation to use us in order to resolve your dispute.  Do I have to pay to use the scheme? Yes, consumers pay a low fee to use our services. The Business also pays a fee to us based upon the value of the dispute, unless it has agreed an all-inclusive package, as set out below.

Can I recover the costs of preparing my case?

No, you must pay any costs you incur in preparing and submitting your case to us, which include any incidental or third party costs. If, for example, you decide to take legal advice about making an application you must pay for that yourself.

Do I need a lawyer?

No, you do not need a lawyer but you can choose to use one if you wish, but you will have to pay all of the legal (or other professional) costs you incur in making your application yourself.

Referring a Dispute to Us

The customer refers the dispute to us after they have been notified that the dispute cannot be resolved and as to our nomination. An application can be made after:

1. The customer has exhausted the business’s complaints procedure and
2. you have told the customer that they are eligible to in an email or “deadlock” letter (where you have come to the end of the internal complaints handling process and the dispute has not settled).

What should I consider before responding to a customer’s application?

The customer should have read these guidance notes carefully before making an application to ensure their claim can be dealt with by us. You should consider the contents of the customer’s complaint form and supporting documents, how you will respond and whether you are prepared to compromise.

What kind of disputes can we deal with?

We can deal with disputes related to any consumer issues relating to the provision of goods or services which have been the subject of an internal business complaints procedure without being resolved. We will assess the customer’s application against the Refusals Policy criteria (see below), and if the dispute does not fall within the scope of the scheme, they will be told by us and their application will not be referred to a mediator. The business will also have the opportunity to object to the acceptance of the application if it considers that the dispute is outside the scope of the scheme. In such circumstances we will rule on the validity of the application and the decision of will be final.

What kind of disputes cannot be dealt with by us?

Refusals Policy If any of the following apply then we cannot deal with the complaint:

• if prior to submitting the complaint, the consumer has not attempted to contact the business concerned in order to discuss the complaint and sought, as a first step, to resolve the matter directly with the business.
• any dispute or disputes that are and considered by us to be frivolous and/or vexatious.
• the dispute is being or has been previously considered by another ADR entity (such as a different mediator or Ombudsman) or by a Court
• the value of the claim is worth more £10,000.
• the consumer has not submitted the complaint within 12 months from the date upon which the business has given notice to the consumer that the business is unable to resolve the complaint with the consumer.

The customer should only apply if their dispute falls within the criteria of acceptable cases detailed above. If you consider that the dispute falls outside the scheme, you can contact us

What is the maximum amount the customer is able to claim under our scheme?

The maximum claim amount is £10,000 per purchase or transaction. Disputes over this value can be dealt with by ProMediate outside the scheme.

Refusals

Where, in accordance with the policy on refusals we are unable to consider a dispute submitted to it, we will provide both parties with a reasoned explanation of the grounds for not considering the dispute within 3 weeks of receiving the ‘complaint file’, unless we have been misled by one of the parties into considering a dispute.

What does the customer put in their application?

They will need to include the “deadlock” letter or email from the business telling them that they can apply to us. They should set out what the dispute is about in their application and provide any supporting documents. The business will then have an opportunity to explain their response to the claim in the Response Form and to provide any documents upon which they rely. The Response Form should include details of:

• the business’ service which the dispute is about;
• the events leading to the complaint;
• the precise issues which are in dispute;
• the steps already taken to attempt to reach a resolution with the customer;
• the reasons for rejecting the complaint;
• proposals for resolving the claim;
• and any relevant supporting documents – remember it will help if you can provide evidence to support your response.

We have designed a response form that will take you through these requirements step by step.

Can you help me with my response?

Yes, our Team is available to offer guidance about responding to an application. We are committed to providing appropriate accessibility for everyone it deals with. We will not, however, be able to tell you how to set out your response.  ProMediate will provide the consumer with a copy of the Response, or a summary if it was provided by telephone.

Settlements

The business made the customer an offer before they made their application, can they still accept it? Yes, any offer or offers made by the business before the customer made their application are open and they can accept them after they have made their application, unless the business has withdrawn the offer.

What if the business makes the customer an offer after they have made their application?

The customer can accept any offer made by the business after they have made their application. This is called an agreed settlement.

Will You negotiate with the customer for me?

Yes, we are an impartial, independent dispute resolution service; it will not act for either you or the customer. However, negotiations will only take place during the mediation process and cannot be asked to take extra steps outside the mediation process.

Mediation Settlement Agreements

What can we make you the business do? We cannot make the business comply with any settlement agreement reached, but a settlement agreement will be binding on the parties (and is enforceable using other agencies). During the process, the mediator may make suggestions for resolving the dispute. We can, if appropriate, suggest that the business provide or do any or all of the following:

• provide an explanation and/or an apology;
• provide replacement goods and/or a service;
• do something about the bill or bills;
• take some specified action;
• provide financial compensation

Remember that in all cases the mediator cannot order the business to pay the customer or to take any action or provide any goods or service.   The mediation agreement can be enforced by other agencies, such as the Courts, if the business does not honour it.

We do not propose a solution but any mediation will take into account consumer law to ensure neither party is deprived of the protections those laws allow.

The outcome is binding on the parties if they reach agreement.

The participants do not have to seek independent advice or third party assistance in order to access the ProMediate ADR procedure but they may do so if they wish.

Participation in the procedure does not prevent the possibility of seeking redress through court proceedings; and the proposed solution may be different from an outcome determined by a court applying legal rules.

Can You fine the business and/or take any punitive action against it?

No, we are not a regulator and cannot impose fines on businesses. Our role is to help resolve individual disputes between customers and businesses in an impartial manner.

What should I do when I make a proposal to the customer or receive a proposal from the customer?

You are free to take the matter further at any stage (before settlement). The customer and business have 5 calendar days to tell us whether you accept any proposal (unless we agree a longer acceptance period). If both parties accept a proposal, it will be binding on the business and the customer.

Service: What if I want to complain?

We have a set complaints procedure, details of which appear on the website. ProMediate (UK) Limited complies with the EU Code of Conduct for Mediators and is registered with the Civil Mediation Council as an ADR Provider.

Is Promediate registered under the Data Protection Act 1998?

ProMediate (UK) Limited,is registered under the Data Protection Act 1998.

Any Queries? – Contact Us Brow Farm Top Road Frodsham WA6 6SP Tel: 0203 621 3908 Email: enquiries@promediate.co.uk

Schedule of Charges

1. Membership fee: £150/£250 plus VAT per annum to include wording for inclusion in terms and conditions.
2. Businesses may negotiate an all inclusive package to include a certain number of disputes to be dealt with per annum or pay per case

 

ProMediate is a member of the Federation of Small Businesses and have an understanding of the challenges facing small businesses.