Water Plus Mediation Rules

1. Introduction

1.1  These Rules are applicable to disputes between Consumers and Traders arising from alleged breach of Sales and Service contracts, including all Sales and Service contracts entered online.

1.2  A “Consumer” means an individual acting for purposes which are wholly or mainly outside that individual’s trade, business, craft or profession.

1.3  A “Trader” means a person acting for purposes related to that person’s trade, business, craft or profession, whether acting personally or through another person acting in the Trader’s name or on the Trader’s behalf.

1.4  “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.

1.5  “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.

1.6  These Rules are applicable to cross-border disputes when the Trader is established in the United Kingdom and the Consumer is resident in another EU member state.

1.7  These Rules are applicable to domestic disputes when both the Trader and the Consumer are resident in the United Kingdom.

1.8  These Rules 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.

1.9  Mediations will be conducted online only using the public platform www.zoom.us or such other platform as will be designated by ADRg. Assistance will be provided by ADRg to both Consumers and Traders on the use of that platform if requested.

1.10  Where a claim is made against a Trader, the Trader is joined in the Mediation automatically.

1.11  Use of these Rules is mandatory for a Trader where an application is made against it by a Consumer within 12 months from the date on which the Trader has given notice
to the Consumer that the Trader is unable to resolve the dispute with the Consumer (“the Claim Limitation Date”).

1.12  Claims may be made by or on behalf of any person named in the contractual documents.

1.13  A party does not require legal representation to participate in a Mediation under these Rules. It shall be at the discretion of each party whether to obtain independent legal advice.

1.14  The Mediator will not offer legal advice or act as a legal adviser to any party at any time in connection with the dispute.

1.15  All procedural documents used in the Mediation and referred to in these Rules are available on ADRg’s website www.consumer-dispute.co.uk (“the Website”)

The default method of all communications shall be email and where possible all documents should be transmitted electronically. The parties may also participate by posting of documents by first class mail with documents being sent to ADR Group, Churchgate Lakes, Rectory Lane, Battlesbridge, Rettendon Place, Essex, SS11 7QR.

1.16  When time limits are specified, unless otherwise stated, the time period shall begin to run from the date of sending or receipt by ADRg as the case may be.

1.17  The default language of communication shall be English unless agreed otherwise by the parties, ADRg and the Mediator.

1.18  All Mediation meetings will be undertaken via zoom or similar functions unless otherwise prescribed.

1.19  The maximum bill dispute value which can be brought under these rules is £30,000.

1.20  In these Rules, reference to one gender shall include all genders.

2. ADR Group Scheme Exemptions

2.1 ADR Group may refuse to deal with a dispute under these Rules when

2.1.1 prior to submitting the complaint to ADRg 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,

2.1.2 the dispute is frivolous or vexatious in ADRg’s sole opinion,

2.1.3 the dispute is being or has been previously considered by another ADR entity or by a court,

2.1.4 the Consumer has not submitted the complaint to ADRg by the Claim Limitation Date, or

2.1.5 dealing with such a type of dispute would seriously impair the effective operation of ADRg Group in ADRg’ sole opinion.

2.2 If ADRg refuses to deal with a dispute, within three weeks of the date on which it received the Mediation Application, described below, it will inform the parties and provide a reasoned explanation of the grounds for not dealing with the dispute.

3. Mediation – General Provisions

3.1  All information provided during the Mediation process is provided without prejudice as it will be inadmissible in any litigation or arbitration of the dispute subject to the provisions of any applicable law.

3.2  The Consumer may withdraw at any time from the mediation process. The Trader may also withdraw at any time unless obliged, under an enactment, contract terms, or under the rules of a trade association to which it may belong to participate in an alternative dispute resolution procedure.

3.3  If the Consumer accepts a proposed solution then the Trader must accept that solution if obliged, under an enactment, contract terms, or under the rules of a trader association to which it may belong, to participate in an alternative dispute resolution procedure.

3.4  By entering and proceeding with the Mediation according to these Rules neither party is prevented from seeking to enforce or protect their legal rights through the courts or arbitration.

3.5  The Mediator will not impose a settlement on the parties or render a legally binding award or decision.

3.6  Mediations are limited in time to one hour.

3.7  The parties will be considered as having settled their dispute only when they have entered into an agreement settling their dispute (“Settlement Agreement”)

3.8  Settlement Agreements entered between the parties pursuant to the Rules will be binding upon the parties in accordance with applicable law.

4. Mediation documentation procedure

4.1 A Consumer may only apply for Mediation once he has reached deadlock with a Trader by exhausting the Trader’s internal complaints procedure and CCW have reviewed and closed their case file.

4.2  If the Consumer wishes to proceed to Mediation, a Mediation Application must be returned to ADRg.

4.3  The Consumer must submit the Mediation Application, to be received by ADRg by the Claim Limitation Date.

4.4  ADRg will inform the Trader that a Mediation Application has been filed by the Consumer and shall provide the Trader with a copy of the Mediation Application.

4.5  The Trader may not make a counterclaim against the Consumer.

4.6  ADRg will prepare and send an Agreement to Mediate to the parties and a guide to preparing a mediation case. The parties and their representatives must sign the Agreement to Mediate within 7 days of ADRg sending to them the Agreement to Mediate.

4.7  The Agreement to Mediate governs the relationship between the parties, as well as all those attending the mediation and the Mediator before, during and after the Mediation Session.

4.8  ADRg will liaise with the parties to agree a suitable date and time for the mediation session.

4.9  Each party will prepare and deliver to ADRg, fourteen (14) days prior to the scheduled mediation, a concise summary (‘Position Statement’) of the matter in dispute, copies of documents referred to in the Position Statement and those documents which the parties intend to refer to during the Mediation.

4.10  The Position Statement and the documents referred to therein are private and confidential and will not be disclosed by the Mediator to the other party or to any third party unless expressly authorised to do so by the party who has provided the Position Statement.

4.11  There is no obligation on the parties to exchange Position Statements however they are encouraged to do so.

4.12  Similarly, the parties are encouraged to prepare and agree a joint bundle of documents.

4.13  The Application Form, Position Statements and Agreement to Mediate constitute the Complete File (“Complete File”) and ADRg will confirm receipt of the Complete File to both parties.

5. Mediation process

5.1  On receipt of the Complete File ADRg will appoint a Mediator from its Panel of Mediators.

5.2  The Mediator will confirm to ADRg the acceptance of his appointment and declare that he has no conflict of interest in the matter in dispute.

5.3  ADRg will inform the parties of the appointment and the name of the Mediator and will send the Complete File to the Mediator.

5.4  The Mediator will consider all documentation and may ask for further information from the parties.

5.5  The Mediator will conduct the Mediation through ADRg.

5.6  The Mediator shall have the widest discretion permitted by law to mediate the dispute in accordance with natural justice. In particular, he has the power to direct the procedure of the Mediation, including varying time limits and other procedural requirements, and to:

5.6.1.1  allow the parties to submit in writing further evidence and/or amend the Position Statements;

5.6.1.2  conduct written enquiries and receive and consider additional documentary evidence as he sees appropriate

5.6.1.3  end the Mediation if he considers the case to be incapable of resolution under these Rules.

5.7 If any party fails to deliver anything required by the Mediator, the Mediation shall proceed as the Mediator considers appropriate.

5.8 ADRg will appoint a new Mediator if the Mediator originally appointed is unable to deal with the dispute. ADRg will inform the parties if such an appointment is made.

5.9 Within 28 days of the case file being sent to the Mediator, or from the date on which the last of the information required by the Mediator is submitted to him, and in any event no later than 90 days from the date the Complete File is received by ADRg, the Mediator will conduct the online mediation.

5.10 Participants for each party shall include at least one person who has full and unlimited legal authority to bind that party to settle the dispute on its behalf. Any restriction on this authority must be notified in writing to the Mediator and ADRg prior to commencement of the Mediation.

5.11 The Mediator may hold private online sessions with each party and/or their representatives.

5.12  Information received by the Mediator through such sessions shall be and remain confidential with the Mediator save that (a) it is in any event publicly available or (b) the Mediator is specifically authorised by a party to disclose it to the other party and/or their representatives.

5.13  Furthermore every person involved in the Mediation and ADRg will keep confidential the fact that that the Mediation is to take place or has taken place and all information (whether given orally or in writing) produced for or delivered as part of the Mediation including the settlement agreement (if any) except in so far as is necessary to implement or enforce any such settlement agreement or as required by any applicable law or the provisions of any applicable insurance policy or terms of any professional engagement.

5.14  The Mediation shall be deemed to continue until any of the following occurs:

5.14.1  a written settlement agreement is executed and signed by the parties

5.14.2  a written notice of withdrawal is given by the Consumer

5.14.3 the time set for the mediation has expired without agreement for continuation or resumption