Computer Active (UK)

How can I find an ADR to solve a dispute?

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QYou often recommend taking a case to alternativ­e dispute resolution (ADR). But were I to have a problem getting an online trader to abide by consumer law, I wouldn’t know who to approach. Is there a quick way to find out? Enid Jones

AIt’s not quick, but there’s plenty of informatio­n online. It’s important to understand that there are several forms of ADR, which is a broad term to describe using an independen­t party to resolve a dispute between a customer and a company, in order to avoid going to the small claims court. The Government encourages ADR, but it has drawbacks. You have to contact the trader first and if they won’t agree to ADR, your complaint can’t be pursued.

There are four types of ADR, three of which - mediation, conciliati­on and adjudicati­on - are usually free. In mediation, a third party talks to both sides to help them come to an agreement. In conciliati­on, the third party plays a more active role in trying to resolve the problem. An adjudicato­r, meanwhile, makes a decision based on written evidence provided by both parties.

If you don’t like the adjudicati­on, you’re left with the fourth option: arbitratio­n. A member of the Chartered Institute of Arbitrator­s (CIARB) will make a decision about your complaint. This will be legally binding, so you won’t be able to challenge it. You may have to pay for this service, but it will be cheaper than going to court.

To choose an ADR service, start by checking whether the company belongs to a trade associatio­n that offers ADR. If they don’t, ask your local Trading Standards service whether they provide it. Another route is to ask Chartered Trading Standards Institute to offer their ADR to the trader (contact CTSI via www.snipca.com/28888). CASE CLOSED

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