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Consumer Services Induction
Module 2:
Our
Schemes
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
• 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
Schemes
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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
• 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!
Schemes
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?

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Induction e learning module 2 - our schemes

  • 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

  1. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  2. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  3. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  4. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  5. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  6. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  7. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  8. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  9. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  10. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  11. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  12. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  13. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  14. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication
  15. The adjudicators complete a case assessment survey after each adjudication Root cause Company response to complaint Response to adjudication