This document provides an overview of various alternative dispute resolution schemes managed by CEDR. It describes the three main types of ADR used in the schemes - adjudication, arbitration, and conciliation. It then outlines numerous specific schemes for resolving disputes in sectors like aviation, communications, accountancy, homes, and more. Many of the schemes use adjudication to make binding decisions on disputes not resolved through a company's complaints process.
This document provides an overview of the consumer services offered by CEDR (Centre for Effective Dispute Resolution). It summarizes the modules covered in their consumer team induction, including who CEDR is, the schemes they operate in, data protection, call handling, and how customers access services. It then provides more detailed information on specific schemes related to aviation, communications, accountancy, cars, education, funerals, holidays, homes, and more. The document aims to educate new consumer team members on CEDR's alternative dispute resolution processes and the industries they serve.
1. The document provides a summary of recent legal cases and developments in various areas of technical claims, including costs, credit hire, causation, and liability.
2. Key cases discussed include one limiting costs in minor claims to the small claims track, another holding a credit hire company accountable for delays in authorizing vehicle repairs, and a Court of Appeal decision finding a local council did not owe visitors a duty of care at a horse fair.
3. Legislative developments covered include a bill to modernize third party rights against insurers and a proposed Consumer Insurance Bill that would update rules around misrepresentation in insurance contracts.
Lynne and Jen take you through some recent developments in case law affecting commercial contracts and procurement, dealing with:
• whether a written contract can in fact still be varied orally
• whether information held by a local authority should be subject to disclosure under a FOIA request
• the new test for penalty clauses
• the first case considering a challenge involving the NHS Procurement Regulations
• the first case resulting in the issue of an ineffectiveness order against a public contract in the UK.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
The spotlight for our first quarterly public sector breakfast club of 2017 is procurement. The last 12 months or so have seen some interesting developments in public procurement, although perhaps not as interesting as the next 24 months might see. In this seminar Peter Ware takes a retrospective look at what has happened over the last year or so and looks at what the world of procurement might look like in the longer term.
The Case for Enforcing Adhesive Arbitration Agreements --With Particular Consideration of Class Actions and Arbitration Fees. Journal of American Arbitration, Vol. 5, No. 2, p. 251.
The document discusses alternative dispute resolution (ADR) and online dispute resolution (ODR) in Italy. The purpose of ADR is to provide alternatives to litigation that can save time and costs. It discusses mediation and assisted negotiation procedures. Article 141 of the Consumer Code concerns sales contracts and service contracts, including cross-border disputes. A lawyer is not required for mediation, but is needed for assisted negotiation. Decisions by the Banking and Financial Ombudsman (ABF) are not binding.
Nvc Fund Holding Trust Transaction Platform 2152019FrankEkejija1
NVC EDI Commercial Transaction Platform was established in 2018 as a Special Purpose Entity with NVC Fund LLC to specialize in electronic data interchange and credit insurance for marketable risks. The platform provides financing solutions like loans, guarantees, and insurance to companies and has a target of managing over $5 billion for each of its 452 sector joint venture partners by recapitalizing them. It aims to significantly increase its business and achieve a net profit of 10 billion by the end of 2019.
The document summarizes IDA's decisions on proposed guidelines regarding contract periods and early termination charges for telecommunication services offered to residential end users in Singapore.
Key points:
- IDA proposed guidelines to limit contract periods to 24 months and require graduated (decreasing) early termination charges. They received feedback supporting and opposing these proposals.
- IDA decided to implement guidelines capping contract periods at 24 months to promote competition and switching between providers. They will also require early termination charges to be graduated and exclude any costs operators avoid due to termination.
This document provides an overview of the consumer services offered by CEDR (Centre for Effective Dispute Resolution). It summarizes the modules covered in their consumer team induction, including who CEDR is, the schemes they operate in, data protection, call handling, and how customers access services. It then provides more detailed information on specific schemes related to aviation, communications, accountancy, cars, education, funerals, holidays, homes, and more. The document aims to educate new consumer team members on CEDR's alternative dispute resolution processes and the industries they serve.
1. The document provides a summary of recent legal cases and developments in various areas of technical claims, including costs, credit hire, causation, and liability.
2. Key cases discussed include one limiting costs in minor claims to the small claims track, another holding a credit hire company accountable for delays in authorizing vehicle repairs, and a Court of Appeal decision finding a local council did not owe visitors a duty of care at a horse fair.
3. Legislative developments covered include a bill to modernize third party rights against insurers and a proposed Consumer Insurance Bill that would update rules around misrepresentation in insurance contracts.
Lynne and Jen take you through some recent developments in case law affecting commercial contracts and procurement, dealing with:
• whether a written contract can in fact still be varied orally
• whether information held by a local authority should be subject to disclosure under a FOIA request
• the new test for penalty clauses
• the first case considering a challenge involving the NHS Procurement Regulations
• the first case resulting in the issue of an ineffectiveness order against a public contract in the UK.
https://www.brownejacobson.com/sectors-and-services/sectors/public-sector
The spotlight for our first quarterly public sector breakfast club of 2017 is procurement. The last 12 months or so have seen some interesting developments in public procurement, although perhaps not as interesting as the next 24 months might see. In this seminar Peter Ware takes a retrospective look at what has happened over the last year or so and looks at what the world of procurement might look like in the longer term.
The Case for Enforcing Adhesive Arbitration Agreements --With Particular Consideration of Class Actions and Arbitration Fees. Journal of American Arbitration, Vol. 5, No. 2, p. 251.
The document discusses alternative dispute resolution (ADR) and online dispute resolution (ODR) in Italy. The purpose of ADR is to provide alternatives to litigation that can save time and costs. It discusses mediation and assisted negotiation procedures. Article 141 of the Consumer Code concerns sales contracts and service contracts, including cross-border disputes. A lawyer is not required for mediation, but is needed for assisted negotiation. Decisions by the Banking and Financial Ombudsman (ABF) are not binding.
Nvc Fund Holding Trust Transaction Platform 2152019FrankEkejija1
NVC EDI Commercial Transaction Platform was established in 2018 as a Special Purpose Entity with NVC Fund LLC to specialize in electronic data interchange and credit insurance for marketable risks. The platform provides financing solutions like loans, guarantees, and insurance to companies and has a target of managing over $5 billion for each of its 452 sector joint venture partners by recapitalizing them. It aims to significantly increase its business and achieve a net profit of 10 billion by the end of 2019.
The document summarizes IDA's decisions on proposed guidelines regarding contract periods and early termination charges for telecommunication services offered to residential end users in Singapore.
Key points:
- IDA proposed guidelines to limit contract periods to 24 months and require graduated (decreasing) early termination charges. They received feedback supporting and opposing these proposals.
- IDA decided to implement guidelines capping contract periods at 24 months to promote competition and switching between providers. They will also require early termination charges to be graduated and exclude any costs operators avoid due to termination.
This document provides information on redress and remedies for consumers, including self-help options of complaining directly to suppliers or manufacturers. It discusses taking complaints to government organizations such as the NSW Ombudsman or the ACCC at the federal level. These organizations can investigate complaints, educate the public, and take legal action if needed. Industry organizations may also help resolve complaints. The document outlines additional options like going to tribunals such as NCAT or pursuing matters in court. It provides an example of AGL SA and a marketing company being penalized for failing to respect a "Do Not Knock" sign.
In our first edition of 2014, we:
• continue with our series on the new public procurement directive, this month analysing subcontracting under the new directive
• include articles on conflicts of interest in the shared services context and the new state aid de minimis regulation
• Anja Beriro discusses what is on the legal horizon for 2014.
Whether regulatory authorities should make submissions as to the appropriate ...Russell_Kennedy
This presentation will:
- Explore implications for High Court decision in Barbaro
- Canvass consideration by federal courts and VCAT to date
- Highlight issues and implications for civil penalty proceedings
- Posit a way forward
Posted by Emma Turner, Special Counsel and Anita Courtney, Associate at Russell Kennedy Lawyers
This document discusses different types of service contracts, including:
1. Lump-sum contracts which set a fixed price for a defined scope and are easy to administer but can lead to disputes over quality.
2. Time-based contracts where payment is based on hourly or daily rates, widely used for complex projects but must limit total payments to prevent excessive time and costs.
3. Percentage contracts directly relating fees to project costs which can incentivize cutting corners unless quality standards are enforced.
4. Retainer and success fee contracts combining aspects of time-based and percentage contracts and risks of both.
5. Indefinite delivery contracts for on-call services which must closely monitor usage and
Engaging consultants, service providers in govrnment part iAvinash Kumar Gupta
This document discusses guidelines for engaging various types of consultants and service providers in government projects. It outlines different types of consultants including individual experts, firms, consortiums, joint ventures, retired government servants, and non-governmental organizations. It also discusses rules around conflicts of interest, prohibited practices, codes of conduct, and punitive actions for violations. Guidelines are provided around hospitality, gifts, private purchases from vendors, and sponsorship of events to mitigate risks for public servants in procurement.
CPD Seminar: Ethics, Professional Skills and Practice Management for LawyersMaurice Blackburn Lawyers
Maurice Blackburn's Employment & Industrial Law Section delivered their annual seminar of which lawyers can gain CPD points for three areas: Ethics, Professional Skills and Practice Management. We were delighted to be joined by Melinda Zerner, Barrister; Rohan Tate, Lawyer; and Lauren Marr, Librarian.
The document discusses Qdos' compliance management portal for recruitment agencies. It provides an IR35 assessment service and contractor insurance module to help agencies manage contractors' compliance. The portal gives agencies visibility into contractors' compliance information and insurance status. It also provides alternative referral options like affiliate links and white labeling if agencies do not need the full portal. The service aims to help agencies oversee contractors' compliance with IR35 legislation.
National Dispute Redressal Commission under Consumer Protection.pptxAkashNavale6
The document discusses the National Consumer Disputes Redressal Commission (NCDRC) in India. It provides an overview of the NCDRC's role as the apex consumer court, including adjudicating high-value disputes, handling appeals, and establishing legal precedent. The NCDRC aims to protect consumer rights and ensure redress for violations through its rulings. However, it faces challenges like case backlogs that reforms seek to address.
The document discusses various aspects of construction project contracts and tendering processes. It describes earnest money deposits (EMD) and security deposits contractors must provide, as well as retention amounts deducted from payments. It outlines different methods for selecting contractors, including public tender, prequalification, post-qualification, limited tender, and nomination. Key clauses like liquidated damages, defect liability periods, and arbitration are also summarized.
The document summarizes key topics from the Eversheds TMT Conference 2013, including contracting issues, open source software, and penalties. It discusses increasing use of cooperation agreements between vendors and defines best and reasonable endeavors clauses. It also addresses indemnities, noting they should only be used if appropriate, and open source software, emphasizing the need to clearly define obligations. The document cautions that penalty clauses must still reasonably estimate losses to be enforceable. It concludes by outlining considerations for "Bring Your Own Device" strategies regarding infrastructure, data protection, and conclusions.
Legal Costs Assessment Services - Rose Legal Costing.pptxRose Legal Costing
Costs lawyers are legal professionals specializing in the intricate field of legal costs. They play a crucial role in legal proceedings, ensuring that costs are accurately calculated and transparently presented. Costs lawyers are experts in legal costs management, advising clients and legal professionals on costs-related matters, and often working in both contentious and non-contentious cases.https://www.rose-lawyers.com.au/
Plymouth & INCIC Launch Event 30th November 2017 Dynamic Purchasing System (D...Jonathan Hines
The document describes a new Dynamic Purchasing System (DPS) being established by Independence CIC (INCIC) and Plymouth City Council (PCC) for home adaptations, repairs, maintenance, and improvements. The DPS will replace PCC's existing bathroom framework agreement and provide a flexible, electronic procurement solution for local authorities, housing associations, and other organizations across the UK. The DPS will allow new contractors and suppliers to join at any time and will be managed by INCIC, including administering contracts and documentation. A launch event is scheduled for November 29-30 to present the DPS and its application to potential customer organizations and suppliers.
This document provides information on debt collection procedures in the United Kingdom, including England, Wales, Scotland, and Northern Ireland. It discusses the amicable collection phase where collectors try to obtain payment through letters and phone calls. If unsuccessful, legal procedures can include a Letter Before Claim, county court judgments, or insolvency proceedings. The costs, timeframes, and options for enforcement of judgments are also outlined for each jurisdiction. Legal interests and statutory rates are applied at each stage of the process.
The document discusses potential changes to judgment enforcement in England and Wales. It notes that county court judgments against consumers and businesses increased and decreased respectively in the first half of 2015. Currently, high court enforcement officers can only enforce judgments over £600 or consumer credit act regulated judgments. The document argues this restriction should be amended to give creditors more choice. It asserts that high court enforcement officers provide more effective enforcement and transparency than county court bailiffs. The majority of respondents to an MOJ consultation supported amending the jurisdiction order but concerns were raised about costs. The MOJ will wait to assess the new fees regime before deciding on changes.
This document provides an overview of key concepts related to bankruptcy, including types of bankruptcies, common shocks experienced during bankruptcy, out-of-court settlement options, steps to file UCC documents, issues related to distressed debtors, actions creditors can take after a bankruptcy filing is made, and definitions of key terms like reclamation and bankruptcy priorities. The document covers corporate and individual bankruptcy filings and considerations, as well as non-bankruptcy liquidation and restructuring alternatives.
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
Adam Wonnacott gave a presentation on effective enforcement methods, comparing High Court Enforcement to alternative methods such as statutory demands and insolvency procedures. High Court Enforcement involves enforcing court judgments through High Court Enforcement Officers who can seize and sell a debtor's goods. It works well when the debtor has assets but may not be suitable if the debt is disputed. Alternative methods include statutory demands, charging orders, and starting insolvency proceedings, with the most appropriate method depending on the specific circumstances of the case and debtor. Wonnacott advised working closely with Enforcement Officers and establishing expectations around payment arrangements, reporting, and key contacts.
CREDICON CONSULTING LLP provides multi-disciplinary consulting services to engineering and construction industries, including contract management, dispute resolution, expert witness services, arbitration, litigation, scheduling, and cost engineering. They offer pre-contract consultancy, tender evaluation, risk analysis, cost management, and project change control. With over 70 associates in 40 locations, they bring industry expertise and legal capabilities to complex, high-stakes disputes. Their clientele includes many public and private sector organizations in infrastructure. They provide contract audit services to help contractors manage risks, measure work, develop billing procedures, analyze delays, audit quantities and rates for variations, and maintain contemporary records for claims and disputes.
This document provides information on redress and remedies for consumers, including self-help options of complaining directly to suppliers or manufacturers. It discusses taking complaints to government organizations such as the NSW Ombudsman or the ACCC at the federal level. These organizations can investigate complaints, educate the public, and take legal action if needed. Industry organizations may also help resolve complaints. The document outlines additional options like going to tribunals such as NCAT or pursuing matters in court. It provides an example of AGL SA and a marketing company being penalized for failing to respect a "Do Not Knock" sign.
In our first edition of 2014, we:
• continue with our series on the new public procurement directive, this month analysing subcontracting under the new directive
• include articles on conflicts of interest in the shared services context and the new state aid de minimis regulation
• Anja Beriro discusses what is on the legal horizon for 2014.
Whether regulatory authorities should make submissions as to the appropriate ...Russell_Kennedy
This presentation will:
- Explore implications for High Court decision in Barbaro
- Canvass consideration by federal courts and VCAT to date
- Highlight issues and implications for civil penalty proceedings
- Posit a way forward
Posted by Emma Turner, Special Counsel and Anita Courtney, Associate at Russell Kennedy Lawyers
This document discusses different types of service contracts, including:
1. Lump-sum contracts which set a fixed price for a defined scope and are easy to administer but can lead to disputes over quality.
2. Time-based contracts where payment is based on hourly or daily rates, widely used for complex projects but must limit total payments to prevent excessive time and costs.
3. Percentage contracts directly relating fees to project costs which can incentivize cutting corners unless quality standards are enforced.
4. Retainer and success fee contracts combining aspects of time-based and percentage contracts and risks of both.
5. Indefinite delivery contracts for on-call services which must closely monitor usage and
Engaging consultants, service providers in govrnment part iAvinash Kumar Gupta
This document discusses guidelines for engaging various types of consultants and service providers in government projects. It outlines different types of consultants including individual experts, firms, consortiums, joint ventures, retired government servants, and non-governmental organizations. It also discusses rules around conflicts of interest, prohibited practices, codes of conduct, and punitive actions for violations. Guidelines are provided around hospitality, gifts, private purchases from vendors, and sponsorship of events to mitigate risks for public servants in procurement.
CPD Seminar: Ethics, Professional Skills and Practice Management for LawyersMaurice Blackburn Lawyers
Maurice Blackburn's Employment & Industrial Law Section delivered their annual seminar of which lawyers can gain CPD points for three areas: Ethics, Professional Skills and Practice Management. We were delighted to be joined by Melinda Zerner, Barrister; Rohan Tate, Lawyer; and Lauren Marr, Librarian.
The document discusses Qdos' compliance management portal for recruitment agencies. It provides an IR35 assessment service and contractor insurance module to help agencies manage contractors' compliance. The portal gives agencies visibility into contractors' compliance information and insurance status. It also provides alternative referral options like affiliate links and white labeling if agencies do not need the full portal. The service aims to help agencies oversee contractors' compliance with IR35 legislation.
National Dispute Redressal Commission under Consumer Protection.pptxAkashNavale6
The document discusses the National Consumer Disputes Redressal Commission (NCDRC) in India. It provides an overview of the NCDRC's role as the apex consumer court, including adjudicating high-value disputes, handling appeals, and establishing legal precedent. The NCDRC aims to protect consumer rights and ensure redress for violations through its rulings. However, it faces challenges like case backlogs that reforms seek to address.
The document discusses various aspects of construction project contracts and tendering processes. It describes earnest money deposits (EMD) and security deposits contractors must provide, as well as retention amounts deducted from payments. It outlines different methods for selecting contractors, including public tender, prequalification, post-qualification, limited tender, and nomination. Key clauses like liquidated damages, defect liability periods, and arbitration are also summarized.
The document summarizes key topics from the Eversheds TMT Conference 2013, including contracting issues, open source software, and penalties. It discusses increasing use of cooperation agreements between vendors and defines best and reasonable endeavors clauses. It also addresses indemnities, noting they should only be used if appropriate, and open source software, emphasizing the need to clearly define obligations. The document cautions that penalty clauses must still reasonably estimate losses to be enforceable. It concludes by outlining considerations for "Bring Your Own Device" strategies regarding infrastructure, data protection, and conclusions.
Legal Costs Assessment Services - Rose Legal Costing.pptxRose Legal Costing
Costs lawyers are legal professionals specializing in the intricate field of legal costs. They play a crucial role in legal proceedings, ensuring that costs are accurately calculated and transparently presented. Costs lawyers are experts in legal costs management, advising clients and legal professionals on costs-related matters, and often working in both contentious and non-contentious cases.https://www.rose-lawyers.com.au/
Plymouth & INCIC Launch Event 30th November 2017 Dynamic Purchasing System (D...Jonathan Hines
The document describes a new Dynamic Purchasing System (DPS) being established by Independence CIC (INCIC) and Plymouth City Council (PCC) for home adaptations, repairs, maintenance, and improvements. The DPS will replace PCC's existing bathroom framework agreement and provide a flexible, electronic procurement solution for local authorities, housing associations, and other organizations across the UK. The DPS will allow new contractors and suppliers to join at any time and will be managed by INCIC, including administering contracts and documentation. A launch event is scheduled for November 29-30 to present the DPS and its application to potential customer organizations and suppliers.
This document provides information on debt collection procedures in the United Kingdom, including England, Wales, Scotland, and Northern Ireland. It discusses the amicable collection phase where collectors try to obtain payment through letters and phone calls. If unsuccessful, legal procedures can include a Letter Before Claim, county court judgments, or insolvency proceedings. The costs, timeframes, and options for enforcement of judgments are also outlined for each jurisdiction. Legal interests and statutory rates are applied at each stage of the process.
The document discusses potential changes to judgment enforcement in England and Wales. It notes that county court judgments against consumers and businesses increased and decreased respectively in the first half of 2015. Currently, high court enforcement officers can only enforce judgments over £600 or consumer credit act regulated judgments. The document argues this restriction should be amended to give creditors more choice. It asserts that high court enforcement officers provide more effective enforcement and transparency than county court bailiffs. The majority of respondents to an MOJ consultation supported amending the jurisdiction order but concerns were raised about costs. The MOJ will wait to assess the new fees regime before deciding on changes.
This document provides an overview of key concepts related to bankruptcy, including types of bankruptcies, common shocks experienced during bankruptcy, out-of-court settlement options, steps to file UCC documents, issues related to distressed debtors, actions creditors can take after a bankruptcy filing is made, and definitions of key terms like reclamation and bankruptcy priorities. The document covers corporate and individual bankruptcy filings and considerations, as well as non-bankruptcy liquidation and restructuring alternatives.
The document discusses procurement issues and practices in the oil and gas industry in Tanzania. It begins by defining procurement and outlining key principles like transparency, fairness and value for money. It then examines different contracting concepts and strategies used for complex oil and gas projects. These include using individual contracts or consolidated EPIC and alliance contracts. The document also covers rules for procurement from international standards and specific procedures for procuring oil products in Tanzania. It concludes by discussing performance evaluation of suppliers in the industry.
Adam Wonnacott gave a presentation on effective enforcement methods, comparing High Court Enforcement to alternative methods such as statutory demands and insolvency procedures. High Court Enforcement involves enforcing court judgments through High Court Enforcement Officers who can seize and sell a debtor's goods. It works well when the debtor has assets but may not be suitable if the debt is disputed. Alternative methods include statutory demands, charging orders, and starting insolvency proceedings, with the most appropriate method depending on the specific circumstances of the case and debtor. Wonnacott advised working closely with Enforcement Officers and establishing expectations around payment arrangements, reporting, and key contacts.
CREDICON CONSULTING LLP provides multi-disciplinary consulting services to engineering and construction industries, including contract management, dispute resolution, expert witness services, arbitration, litigation, scheduling, and cost engineering. They offer pre-contract consultancy, tender evaluation, risk analysis, cost management, and project change control. With over 70 associates in 40 locations, they bring industry expertise and legal capabilities to complex, high-stakes disputes. Their clientele includes many public and private sector organizations in infrastructure. They provide contract audit services to help contractors manage risks, measure work, develop billing procedures, analyze delays, audit quantities and rates for variations, and maintain contemporary records for claims and disputes.
This document discusses different debt collection models and processes, including in-house collections, external debt collection agencies, and litigation. It notes the benefits and disadvantages of each approach. Litigation is presented as a valuable debt collection tool that can encourage negotiation when other soft collection methods are unsuccessful. The document provides an overview of the litigation process in the UK and options for enforcement of judgments, including high court enforcement. It concludes that including litigation as part of a debt collection process can benefit most businesses by allowing them to obtain judgments and leverage enforcement options when needed.
Wheels 2 Work County Durham CIO is seeking proposals to operate a Wheels to Work scheme providing scooters to help people access jobs, training, and education in North Durham. The successful applicant will provide and maintain at least 25 scooters, manage clients through the program, and promote the scheme for 18 months. Proposals should include costs for scooters, maintenance, training, protective gear, and management, as well as experience delivering similar schemes. Evaluation will consider experience demonstrated and cost competitiveness.
Non-Recourse Factoring Overview for Commercial Finance BrokersChris Lehnes
What is Factoring?
The sale of a company’s accounts receivable invoices in order to obtain working capital.
Although there are numerous types of factoring; Versant offers full notification, non-recourse factoring.
This means that account debtors (customers of the client company) are notified to pay Versant directly while the credit risk of non-payment is assumed by Versant.
It also means we do not care about the financial condition of your client. We only care about the quality of their accounts receivable.
This document provides an overview of the operations of Magma Fincorp Ltd, an Indian non-banking financial company. It describes the roles and processes of various divisions within the company, including sales, risk management, credit approval, operations, accounts, legal, recovery, and asset liquidation. It also analyzes some challenges faced by different teams and provides recommendations to improve efficiency.
Open Source Contributions to Postgres: The Basics POSETTE 2024ElizabethGarrettChri
Postgres is the most advanced open-source database in the world and it's supported by a community, not a single company. So how does this work? How does code actually get into Postgres? I recently had a patch submitted and committed and I want to share what I learned in that process. I’ll give you an overview of Postgres versions and how the underlying project codebase functions. I’ll also show you the process for submitting a patch and getting that tested and committed.
Predictably Improve Your B2B Tech Company's Performance by Leveraging DataKiwi Creative
Harness the power of AI-backed reports, benchmarking and data analysis to predict trends and detect anomalies in your marketing efforts.
Peter Caputa, CEO at Databox, reveals how you can discover the strategies and tools to increase your growth rate (and margins!).
From metrics to track to data habits to pick up, enhance your reporting for powerful insights to improve your B2B tech company's marketing.
- - -
This is the webinar recording from the June 2024 HubSpot User Group (HUG) for B2B Technology USA.
Watch the video recording at https://youtu.be/5vjwGfPN9lw
Sign up for future HUG events at https://events.hubspot.com/b2b-technology-usa/
The Ipsos - AI - Monitor 2024 Report.pdfSocial Samosa
According to Ipsos AI Monitor's 2024 report, 65% Indians said that products and services using AI have profoundly changed their daily life in the past 3-5 years.
2. Depending on the Scheme, there are three options for Alternative
Dispute Resolution (ADR). These are Adjudication, Arbitration and
Conciliation.
• Adjudication – is a process by which an adjudicator, who is usually
legally qualified, weighs up the documents and evidence provided by
the customer and the company in order to reach a decision. The
adjudicator will take into account the law relevant to the subject
matter of the dispute at hand. The adjudicator’s decision is binding
upon both parties* if the customer chooses to accept it. If the
customer chooses not to accept the decision, it will have no binding
effect on either party. Adjudication is the most common process used
on our schemes
Types of Alternative Dispute Resolution
3. • Arbitration – is a legal process carried out in line with the Arbitration
Act 1996 by which a third party arbitrator determines the outcome of
a dispute. The arbitrator has wide discretion to determine the way in
which the case will run. The arbitrator’s award is binding on both
parties upon its publication, and it can be enforced directly in the
courts in the event that either party does not comply with it.
• Conciliation – is an informal process for settling disputes through
direct negotiations. A conciliator contacts the parties directly, usually
by telephone, to attempt to encourage a negotiated settlement
between them. The conciliator allows the parties to reach their own
resolution to a dispute, although the conciliator has the power to
recommend a particular solution in the event that the parties are
unable to reach one themselves. Any settlement reached through
conciliation will become binding as a contractual agreement once both
parties sign a copy of it.
Types of Alternative Dispute Resolution
5. • Aviation – You can apply to CEDR for adjudication if you were a
passenger of a subscribing airline or airport member. Once you submit
an application, an independent adjudicator will be assigned to your
case, who will weigh up evidence given from both sides. Where the
adjudicator decides in your favour, the airline or airport will be
required to do what the adjudicator has directed in their decision
within 20 working days of the decision being sent to you, unless an
alternative timeframe is stated by the adjudicator in the decision.
• CISAS – is managed independently by The Centre for Effective Dispute
Resolution (CEDR), an Alternative Dispute Resolution Provider,
certified by Ofcom, to resolve disputes related to communication and
internet services. The service is free of charge to customers as
required by the Communications Act 2003.CISAS is designed to
adjudicate disputes that have not been resolved through the
communication provider’s own complaints procedure.
Schemes
6. • Accountancy – We provide ADR for members of the Chartered
Institute of Management Accountants (CIMA) and their customers.
CIMA is the world’s largest and leading professional body of
management accountants with more than 227,000 members and
students in 179 countries. We provide Conciliation and Arbitration
services to help resolve disputes.
• Cars - We provides Arbitration for members of the Good Garage
Scheme and their customers. The Good Garage Scheme provides
effective self-regulation of independent workshops and MOT centres
giving motorists access to a trustworthy garage in their area to service,
repair or carry out an MOT. This Scheme uses Arbitration. Arbitration
is a formal and legally binding process where the dispute is resolved
by the decision of a nominated third party called an arbitrator. Once
the arbitrator issues their award it is legally binding and can only be
appealed in the courts in very rare occasions.
Schemes
7. • Education – The role of the Independent Complaints Adjudication
Service for Ofsted is to review the way Ofsted has responded to
complaints made by any member of the public who has been affected
by the actions or decisions of Ofsted, provided that the complainant
has first exhausted Ofsted’s internal complaints procedure. The
Independent Complaints Adjudication Service for Ofsted may
investigate any alleged failure by Ofsted to follow proper procedures,
discourtesy, behaviour of Ofsted staff or contractors, discrimination or
injustice, delay and the failure to accept and apologise for mistakes
made.
• Funerals & estate planning - We provide Conciliation and Arbitration
services to help resolve disputes related to members of the Funeral
Planning Authority, the National Association of Funeral Directors,
Funeral Services Limited, Institute of Professional Willwriters and the
National Society of Allied and Independent Funeral Directors.
Schemes
8. • Holiday & travel – CEDR is managed independently by The Centre for
Effective Dispute Resolution (CEDR), an Alternative Dispute Resolution
Provider, to resolve disputes related to member companies of Bonded
Coach Holidays, members of the British Holiday & Home Parks
Association, and their customers. This Scheme uses Arbitration.
• Homes - We provide independent arbitration for disputes relating to
cavity wall insulation provided by installers who are registered with
the Cavity Insulation Guarantee Agency. We provide independent
conciliation for members of the National Custom & Self Build
Association (NaCSBA) and their customers.
Schemes
9. • Homes England – CEDR’s role is to act as the independent external
complaints reviewer to review whether or not the policies and
procedures adopted by Homes England have been followed and
whether or not its service standards have been met. CEDR may make
relevant recommendations arising from the complaints we investigate
about service improvement in relation to Homes England policies and
procedures and service standards where appropriate.
• Regulator of Social Housing - The Independent External Complaints
Review Service operated by CEDR Services, forms part of the
Regulator of Social Housing (RSH’s) approach to handling complaints
about RSH.
• Ark Insurance Group - We provide independent adjudication for
disputes relating to the Consumer Code for Residential New Homes for
Ark Insurance Group Limited.
Schemes
10. • Build - Zone – We provide independent adjudication for disputes relating
to Build-Zone warranty policies.
• BLP - We provide independent adjudication for disputes relating to
Building Life Plans (BLP) Code for the Sale of New Homes.
• Consumer Code for Home Builders - The Code aims to ensure that all
buyers are treated fairly, know what levels of service to expect, are fully
informed about their purchase and their consumer rights before and
after they move in, and are provided with a speedy, low cost dispute
resolution scheme to deal with complaints.
• Consumer Code for New Homes - We provide independent adjudication
for disputes relating to the Consumer Code for New Homes.
• New Homes Disput Resolution Service - We cover any new home that
has been sold with a new home’s warranty body that that subscribes to
the code of conduct listed on our website.
Schemes
11. • The Glazing Arbitration Scheme – TGAS is managed independently by
The Centre for Effective Dispute Resolution (CEDR), an Alternative
Dispute Resolution Provider, to resolve disputes related to 'traders',
who are member companies of the Glass & Glazing Federation ("GGF")
or registered firms of the Fenestration Self-Assessment Scheme
("FENSA") and their customers.
• The Postal Redress Service - POSTRS is managed independently by The
Centre for Effective Dispute Resolution (CEDR), an Alternative Dispute
Resolution Provider, certified by Ofcom, to resolve disputes related to
postal operators. POSTRS is designed to adjudicate disputes that have
not been resolved through the Postal Services Companies (PSC) own
complaints procedure.
Schemes
12. • The Renewable Energy Consumer Code (RECC) – CEDR provides an
independent arbitration service to resolve disputes between
customers and companies who are members of Renewable Energy
Consumer Code (RECC). We can deal with disputes related to:
• Heat pumps (ground or air source)
• Hydroelectric generators
• Solar panels
• Solar water heaters
• Wind turbines
• Wood chip or pellet fuelled boilers & CHP units
• Royal Institution of Chartered Surveyors - We provide independent
adjudication for disputes between customers and companies
regarding the surveying activities of subscribing RICS member firms
including, but not limited to, Homebuyers Reports, Valuation, Land
Measurement, Auctions, Building Surveys and Professional Advice.
Schemes
13. • Solicitors Regulation Authority – The Independent Complaints Review
Service (ICRS), operated by CEDR Services, forms part of the Solicitors
Regulation Authority (SRA’s) approach to handling complaints about
the SRA’s work. For those cases that the independent complaints
reviewer decides are appropriate for a full review, he or she will
conduct a review of the papers to consider whether:
• the investigation was thorough and fair
• all the relevant facts were taken into account
• the conclusions reached (in respect of complaints about the
service provided by the SRA) were reasonable and properly
explained; and
• the investigation was handled efficiently, without unnecessary
delay.
Schemes
14. • Water Redress Scheme – The Water Redress Scheme (WATRS)
adjudicates disputes between the customer and water and sewage
companies or suppliers which have reached a state of deadlock.
WATRS has been designed to complement the mediation and
investigation roles of the Consumer Council for Water (CCWater). If
CCWater is unable to settle a customer’s dispute, WATRS will provide
a final resolution that is binding upon water and sewage companies.
Schemes
There is a video on the WATRS website explaining the adjudication
process which is very similar to our other adjudication schemes. It is also
voiced over by our very own Principle Adjudicator Tom Earley! Enjoy!
16. You may hear this term a lot. This is about the company carrying out the
directions as determined in an adjudicator’s decision, or perhaps what
has been agreed in a settlement agreement.
When this hasn’t taken place we call this “non-compliance”.
Each scheme has a process for dealing with non-compliance based on the
individual scheme rules, so we won’t cover the detail here but you
should make yourself familiar with the rules for the scheme/s you are
working on.
There are different types of non-compliance. It is extremely rare that a
company is refusing to comply. The most common that we see are
compliance outside of the agreed timeframe, or just clarity required from
the adjudicator on what was being directed in order for the company to
comply. Your manager will be able to offer you advice on this, and it can
also be referred to the in-house team if required.
What do we mean by compliance?
Editor's Notes
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication
The adjudicators complete a case assessment survey after each adjudication
Root cause
Company response to complaint
Response to adjudication