Click 2 Resolve

Mediation Services for Consumer Disputes Certified by Chartered Trading Standards Institute

A list of our ADR Officials can be found here:

https://www.promediate.co.uk/click-2-resolve-mediation-services-for-consumer-disputes/find-a-mediator/

Consumers – Click 2 resolve your dispute

Are you a customer, making no progress with that complaint and feel like you are hitting your head against a brick wall? Ready to start legal proceedings?

Are you aware that the Courts prefer parties to have tried alternative dispute resolution before starting legal proceedings and can penalize parties who refuse to do so, even if it is a small claim?

Try Click2Resolve for all small claims or unresolved complaints about businesses–

• Submit your complaint by email or post using the form on this website
• Nominal cost to customers – from £5 plus VAT
• Voluntary process
• Click2Mediate dedicated independent mediators will negotiate with the business and try to resolve your complaint within 28 days.
• If you do not reach resolution of your complaint you are free to continue with legal action if desired. The negotiations through Click2Resolve cannot be referred to in legal proceedings except if any party claims that the other refused to engage in dispute resolution and the other party needs to demonstrate that it did offer to try alternative dispute resolution.

Further details are set out at www.promediate.co.uk/click-2-resolve/your-dispute/

PAYMENT FOR MEDIATIONS BY CONSUMER:

Payment is per complaint based upon the value of the item or service being disputed.  We spend approximately 1 hour mediating between the parties.

Cancellation Terms are set out below.

The costs are as follows:

Dispute/complaint value

up to £250 – £5 plus VAT

up to £500 – £10 plus VAT

up to £1,000 – £25 plus VAT

Mediation Set Up Service 

Sometimes it will be difficult to contact the business to ask them to use the service so we can do this for you.

We can contact the business or consumer for you and offer mediation as a way of resolving the dispute.

We can also put forward an offer to resolve the matter for you, without needing to mediate, on a “without prejudice” basis.

If they fail to respond or do not agree to mediate, within 7 working days, we will provide you with a certificate which you can show to the Court to demonstrate that you tried to resolve matters and to evidence the poor conduct of the business or consumer to the Court. This is really their last opportunity to avoid going to Court.

Payment for the set up service is deducted from the cost of the ADR process if the other party is willing to use alternative dispute resolution.

Payment can be made by following the link:

https://www.promediate.co.uk/payment-for-mediation-services-2/

Cancellation Terms are set out below.

Please note that this service is not part of the approved ADR Process under the Alternative Dispute Resolution (Competent Authorities and Information) Regulations 2015.

Businesses – Click 2 resolve your dispute

Are you a business, offering goods and services to consumers and your customer isn’t happy with what you have proposed to sort it out? Are you concerned that the customer may be on the verge of issuing legal proceedings, resulting in additional costs? Are you aware of the legal requirement for businesses to offer an alternative dispute resolution provider to your customers and that you could face a fine if you do not do so? In addition, some businesses which are members of schemes already will need to include these in your terms and conditions and on your website.

Try Click2Resolve for Free!

Try before you buy – If a business (which trades online and will need to link to the EU Portal) 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.

There is a fee payable for each mediation as follows, starting at £75 plus VAT:

ProMediate is offering one FREE mediation of a customer’s dispute in return for businesses signing up as members of the Click2Resolve scheme – silver annual membership fee is £100 plus VAT.

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

Regular ProMediate newsletter

Advice regarding compliance with the ADR Directive and ODR Regulations

Feedback regarding any complaints dealt with.

Gold

Plus – 1 free mediation of any value

Platinum

Plus – 2 free mediations of any value

Access to dedicated 24 hour ADR Helpline.

Payment can be made by following the link:

https://www.promediate.co.uk/click2resolve-charges-for-consumers/

Membership is not obligatory, but it does speed up the process as we know that members are willing to mediate and so can go ahead and fix up the mediation quickly.  We also prioritise members’ complaints in the event of capacity.  We are always available to our members as we have committed to this.

Try Click2Resolve –

• Add Click2Resolve to your website and terms and conditions, or provide Click2Resolve’s details to customers to comply with your legal obligations – the ADR Directive – and avoid enforcement action.
• Pay for membership of the scheme
• If your customer isn’t satisfied, refer them to Click2Resolve
• low cost
• Let us negotiate an amicable solution.
• Quick, reliable and fair non-binding solutions from independent mediators
• If Court action ensues, you have demonstrated reasonable conduct to the judge by offering ADR through Click2Resolve.

To enquire about the direct debit options to pay monthly for membership and use of Click2Resolve, or to negotiate a bespoke package to suit your business’ requirements please email us at enquiries@promediate.co.uk.

Why Do Businesses need to offer ADR to customers?

New laws mean that businesses in the B2C sector will have to provide access to an external alternative dispute resolution provider to deal with any contractual disputes by 1 October 2015 with details of the scheme being made easily accessible to the consumer. October isn’t far away and many businesses aren’t ready for this change. So what do you need to know? 

Background 

In July 2013 the EU issued a Directive which means that British businesses must ensure that Alternative Dispute Resolution (“ADR”) is available for any contractual dispute between a consumer and a business, by 9 July 2015 (1 October in the UK). The requirements include:

• ADR must be available for a nominal fee or free of charge,
• within three weeks of receiving the papers the ADR provider must state if they cannot deal with the papers,
• the ADR process must be completed within 90 days; and
• consumers must have the ability to submit their complaint online and by post.  It is hoped that this last option can be minimised.

The idea is to ensure that ADR provided by a certified ADR body is available for any dispute between a consumer and a business. All companies such who do not have an existing external ADR scheme in place will have to comply.  An in house complaints service does not meet the requirements. 

Information Requirements 

By October 2015 businesses must comply with the information requirements and provide information about their certified ADR provider on their website and, if applicable, in the terms and conditions of any sales or service contracts. Where there is an unresolved dispute businesses must provide information about an appropriate ADR provider to the consumer, and advise whether or not they will use ADR in an attempt to settle the dispute.  Businesses with an existing scheme need to include this in their terms and conditions. Again, this means that businesses/traders will need to move quickly to amend their terms and conditions to include these information requirements. 

Online Dispute Resolution Platform 

All businesses selling goods or services online need to provide a link to the Online Dispute Resolution (“ODR”) platform on their website, from February 2016. What do you need to do?

1. Review your arrangements and if you do not already have one in place, appoint an ADR provider. This needs to apply for sales offline and online.
2. Make sure that you are providing details of an ADR provider like ProMediate and including it in your terms and conditions of business (if appropriate) so that you comply with the Regulations – again online and offline.”

Why us?

Promediate is a well-established business offering a one stop shop for all your ADR needs. We offer:

• Advice on the new rules and what is required for your company to comply with the new regulations
• A competitive pricing structure
• A knowledge and understanding of the marketplace
• Speed (quicker than 3 weeks to decide whether to refuse to deal with a case and quicker than 90 days to conclude a case)
• Robust rejection of unsuitable cases but dealing fairly with meritorious cases
• Independence and quality control
• High ethical standards – we point out the voluntary nature of the process and the right to terminate the process, to take independent advice, that 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.
• A modern, state of the art system, Click2Resolve, which allows for a streamlined process to deal with referred cases
• Feedback and statistical analysis for risk management
• Management information

Promediate already offers traditional and online video conferencing mediations, but is offering online ADR through Click2Resolve, so that the customer and business can upload relevant documents and then our appointed expert can then negotiate between the parties before the parties resolve the complaint or make a decision, depending upon the type of ADR selected by the business. Please contact us on enquiries@promediate.co.uk for more details and a quotation, alternatively you can call us on 0203 621 3908.

Cancellation Terms

The Service involves contacting the other party to invite them to mediate and if they agree ProMediate will mediate the dispute if the other party pays their fee, and if they do not agree then we will issue a certificate.
ProMediate (UK) Limited of Brow Farm Top Road Frodsham Cheshire WA6 6SP

telephone number 02036213908

email address enquiries@promediate.co.uk

The address which complaints should be sent to is the same as above.

The contract may be cancelled within 14 days without giving any reason or incurring any liability during the cancellation period.

However if you ask us to start work within the cancellation period, and to contact the other party or mediate with them, you will be responsible for paying us the reasonable costs of the service.

There are no cancellation rights for services if you ask us to start work in the cancellation period and we have completed the retainer.

Please see attached cancellation form.

Cancellation

You have the right to cancel this contract within 14 days without giving any reason unless you have requested us to start work by contacting the other party or mediating within the 14 day period. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform ProMediate (UK) Limited of Brow Farm To Road Frodsham Cheshire at enquiries@promediate.co.uk telephone number 0203 621 3908 of your decisions to cancel this contract by a clear statement (eg a letter sent by post, fax or email). You may use the attached model cancellation firm, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of your right to cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you.

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement*.

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract.

*The exception is credit card transactions, where the reimbursement can only be made to the originating card.

To ProMediate (UK) Limited of Brow Farm Top Road Frodsham Cheshire WA66SP enquiries@promediate.co.uk telephone 02036213908
I/We [*] herby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
Ordered on [*]/ received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate.