General Guidance and FAQs
General Guidance and FAQs
Can I submit a complaint straight to the ADR Group rather than going to the trader?
No. The ADR Group will only accept disputes when the consumer has exhausted the traders own complaints procedure.
How do I register a complaint/dispute?
Complete the application form and submit via the ADR Group website. Alternatively, you can post a copy to the ADR Group at the addresses below. Please note that ADR Group only accept applications against traders that are registered with the ADR Group.
How long will the ADR process take?
ADR Group will conclude your dispute within 90 days of receiving your application form.
Is the outcome binding or non-binding?
Mediation is non-binding until the point of an agreement being reached. Once reached and an agreement signed, the outcome is binding.
How much does it cost to submit a complaint?
The ADR process is free to consumers. The full fee is payable by the trader.
How do I know that the process is fair and unbiased?
All ADR Group officials are independent professionals, contracted to the ADR Group to undertake dispute resolution services. ADR Group will not appoint an official who has previously been employed or remunerated by the trader. In addition, ADR officials’ remuneration is not outcome based.
Do I have to live in the UK to register a complaint?
No, you can register a complaint regardless of whether you live in the UK or not.
Do I have to correspond by e-mail?
No, if you would rather communicate by telephone or in writing by post then this is also fine.
Do you accept disputes with a claim value over £10,000.00?
No, we do not accept claims valued at over £10,000.00 under this scheme. Please see our website www.adrgroup.co.uk for alternative options.
I have a gambling dispute but i'm not sure if you will accept it?
ADR Group accepts disputes between traders and consumers concerning contractual obligations in sales and services contracts, both on and offline.
These can include:
- terms of a bonus offer
- the consumers ability to manage his/her account
- the consumers ability to access his/her deposited funds and/or winnings.
However, The ADR Group can only accept disputes if the trader is registered to us.
What are the rules of the ADR process?
All of the rules are available to view here. Alternatively, upon request, copies of the ADR Rules can be sent to you by either e-mail or post.
What if the ADR official appointed becomes aware of a conflict of interest?
If an ADR official becomes aware of a conflict of interest, or anything that may affect his/her independence and/or impartiality, either before or during the process, he/she would remove him/her self from the process and a new ADR official will be appointed. If the ADR Group is unable to provide an official who is not conflicted, the dispute will be referred to another ADR entity.
If, in the unlikely event, the dispute cannot be transferred to another ADR Official, nor another ADR entity, ADR Group will
1) inform the parties of the circumstances surrounding the conflict of interest,
2) Inform the parties that they have a right to object to the conflicting person continuing to handle the dispute,
3) Inform that parties that it can only deal with the dispute if no party to the dispute objects.
Once the process has started, can I withdraw?
The consumer may withdraw from the process at any time. The trader can withdraw from the process at any time unless obliged, under any enactment, contract terms, or under the rules of a trade association to which it belongs to participate in the ADR procedure.
Will I be forced to agree, or am I obliged to agree to an outcome?
No, mediation is a voluntary process, with voluntary outcomes. You will only enter into a settlement agreement if you are 100% happy with it.
Can you refuse to deal with a dispute and if so, on what grounds?
ADR Group may refuse to deal with a dispute when (a) prior to submitting the complaint to ADR Group the Consumer has not attempted to contact the Trader concerned in order to discuss the complaint and sought as a first step to resolve the matter directly with the Trader, (b) the dispute is frivolous or vexatious in ADR Group’s sole opinion, (c) the dispute is being or has been previously, considered by another ADR entity or by a court, (d) the Consumer has not submitted the complaint to ADR Group within 12 months from the date on which the Trader has given notice to the Consumer that the Trader is unable to resolve the complaint with the Consumer, or (e) dealing with such a type of dispute would seriously impair the effective operation of ADR Group in ADR Group’s sole opinion.
Do I need to be able to speak or read English to submit a dispute?
No, ADR Group will accept a dispute and is able to conduct dispute resolution in the following languages: English, French, and German
In line with the Chartered Trading Standards Institute (CTSI) and the Gambling Commissions requirements, ADR Group will publish its annual activity report online.
ADR Group is an authorised ADR entity for the Chartered Trading Standards Institute and the Gambling Commission. ADR Group is approved to conduct both Arbitration and Mediation.
What is the purpose of these Rules and their general application?
These Rules are to be used to resolve disputes over alleged breaches of sales and service contracts between Consumers and Traders. By using them Consumers can have disputes resolved without having to go to court and without having to go to the expense of instructing solicitors (though you may choose to use a solicitor if you like).
Sales contracts are contracts under which a Trader transfers or agrees to transfer the ownership of goods to a Consumer and the Consumer pays or agrees to pay the price and includes any contract which has both goods and services as its object.
Service contracts are contracts under which a Trader supplies or agrees to supply a service to a Consumer and the Consumer pays, or agrees to pay, the price.
These Rules apply to both domestic UK disputes where both the Consumer and Trader are resident in the UK as well as cross border disputes when the Trader is resident in the UK but the Consumer is resident in another EU member country.
They do not apply to a contract to the extent it is for health services provided by health professionals to patients to access, maintain, or restore their state of health, including the prescription, dispensation and provision of medicinal products and medical devices.
What is mediation?
Mediation is a form of alternative dispute resolution (ADR) and is a cost effective, faster and a less formal alternative to resolving your dispute through the courts. It is a voluntary, party-led process during which the Mediator facilitates communication between the parties in order to work towards a
settlement agreement. It is conducted privately and confidentially.
The Mediation will be time limited to one hour.
Once a settlement agreement is reached and set down in writing signed by both parties, it will be binding on the parties in accordance with the applicable law.
Both the Consumer and the Trader can withdraw from the mediation process at any time, unless the Trader is obliged by the rules of a trade association to which it belongs to participate in an ADR procedure and/or accept the solution proposed by the Mediator if the Consumer accepts that solution.
All information provided as part of the Mediation is confidential and provided without prejudice as it will be inadmissible in any litigation or arbitration of the dispute, again in accordance with applicable law.
By participating in the Mediation process, unless agreed otherwise, neither party is prevented from seeking to enforce or protect their legal rights through the court or arbitration.
What is a Mediator?
A Mediator is a neutral person who assists the parties to resolve their dispute through negotiation and eventually written agreement. A Mediator does not make a legal and binding decision and will not impose a settlement on the parties.
If the parties are unable to reach a settlement and they both agree; the Mediator may propose a non-binding solution or recommendation on how a settlement may be reached which may be different from an outcome determined by a court applying legal rules. In that case the parties will have the choice as to whether or not to agree to, or follow, the proposed solution and before expressing their consent to a proposed solution they are allowed a reasonable period of time to reflect thereon.
When may ADR Group refuse to deal with a dispute?
ADR Group may refuse to deal with a dispute when (a) prior to submitting the complaint to ADR Group the Consumer has not attempted to contact the Trader concerned in order to discuss the complaint and sought as a first step to resolve the matter directly with the Trader, (b) the dispute is frivolous or vexatious in ADR Group’s sole opinion, (c) the dispute is being or has been previously, considered by another ADR entity or by a court, (d) the Consumer has not submitted the complaint to ADR Group within 12 months from the date on which the Trader has given notice to the Consumer that the Trader is unable to resolve the complaint with the Consumer, or (e) dealing with such a type of dispute would seriously impair the effective operation of ADR Group in ADR Group’s sole opinion.
If ADR Group refuses to deal with a dispute it will, within three weeks of the date on which it received the complaint file, inform the parties and provide a reasoned explanation of the grounds for not considering the dispute.
Who needs to prove the claim?
There is no burden of proof in Mediation. The Mediation and eventual settlement are based upon negotiation with the parties coming to a mutually acceptable result through the assistance of the Mediator.
Can the Mediator or ADR Group provide advice?
No. The Mediator and ADR Group are impartial and can’t act as a consultant or adviser to either party. If a party believes advice is necessary, then it should be sought from a suitably qualified legal professional.
Is legal representation required?
Mediators don’t expect parties to have legal representation. Nevertheless either party may choose to have legal representation at their own expense.
How long will it take for the Mediation to reach completion?
Mediation is a process which will be completed within 90 calendar days from the date the complaint file is received by ADR Group. If that does not happen and settlement is not reached, the Mediation is deemed terminated automatically.
What happens if an agreement is not reached?
If the parties are unable to reach a mutually satisfactory settlement either party has the right to turn arbitration, if the other party agrees, or the courts.
Who pays the fees?
The fees will be paid by the Trader.
Will I be notified of the outcome?
The mediator will confirm the outcome of the mediation in writing, at the conclusion on the mediation process.
Is the outcome likely to similar to the outcome a Judge might find?
No, the outcome of mediation is not based on the legal issues. Mediation is a negotiated settlement and outcomes may be different to those that might be achieved through the courts.
Who are the ADR Group Mediators?
ADR Group mediators have all completed specialist mediator training, exceeding the required standards as set by the Civil Mediation Council. ADR Group mediators all undertake regular ongoing training and in most circumstances, are practising Lawyers.
For more information call us on 020 3600 5050 or by email at consumer-dispute@adrgroup.co.uk.