ADR Process
What is ADR?
Alternative Dispute Resolution (ADR) is a way of helping consumers and businesses resolve disputes without going to court.
Marley Risk Consultants provides mediation and conciliation services. We act independently and impartially to help both parties understand the issues, communicate constructively, explore possible solutions and work towards an agreed resolution.
ADR is voluntary. Both parties must agree to take part and either party may choose to withdraw at any time.
We do not take sides, decide who is right or wrong or impose a solution. Both parties remain in control of whether an agreement is reached.
Taking part in ADR does not prevent a consumer from going to court or either party from taking legal advice.
Our ADR Service
Our team has experience in construction, home improvements and renewable energy and understands the types of problems that can arise during domestic building and installation work.
We can usually help with disputes involving glazing, fitted internal installations, general building works, renewable energy, retrofit work, external works and related domestic services.
The ADR process can be handled in writing, by phone or by video call depending on what is needed.
We can only accept complaints in English and the ADR process will also be carried out in English.
Referring a Dispute
Before a dispute is referred to Marley Risk Consultants, the consumer must first give the installer an opportunity to deal with the complaint through its own complaints process.
Where an installer refers’ a dispute, it must have completed its own complaints process and should have issued a deadlock letter to the homeowner.
Both parties must agree to take part in ADR before we can proceed.
There are some circumstances where we may not be able to accept a dispute. These include where:
the complainant has not, first tried to resolve the issue directly with the other party;
the issue has already been fixed, or another business has completed the remedial work;
the dispute appears to be frivolous, vexatious or malicious;
the work was carried out more than six years ago;
the dispute is already being considered, or has already been considered, by another ADR provider;
the dispute is already part of court proceedings; or
handling the dispute would seriously affect our ability to provide an effective service.
If we cannot handle a dispute, we will let the parties know as soon as possible, and where feasible signpost them to another organisation that may be able to help.
The Process We Follow
Our ADR process follows five main stages. More detailed information about the process, including evidence requirements, deadlines and the responsibilities of each party, can be found in our ADR Scheme Rules.
Eligibility and Triage
1
We will check whether the dispute is suitable for ADR and confirm that both parties are willing to take part.
Each party will be contacted separately so that we can understand the dispute, explain the process and discuss what happens next.
Both parties will be asked to read and sign our Terms of Engagement before the process continues.
Evidence Collection and Review
2
Both parties will be asked to provide relevant information and evidence about the dispute.
Each party will have 14 days to provide the evidence requested.
Evidence will be shared where relevant so that both parties have a fair opportunity to review and respond.
Each party will have 14 days to review and respond to evidence shared with them.
Once we have the information we need, we will confirm that the case file is complete.
Suggestions and Negotiation
3
The mediator will review the completed case file and speak to both parties about possible ways to resolve the dispute.
The mediator may make suggestions to support negotiation but does not decide the outcome. Both parties remain free to decide whether a proposed resolution is acceptable.
If agreement is not reached at this stage, the dispute may move to a mediation meeting.
5
Mediation Meeting
4
Resolution or Closure
Where required, the mediator will explain how the meeting will work and support both parties in exploring whether an agreed way forward can be reached.
The mediator may speak to the parties separately, bring them together for a joint discussion or move between them as the mediation progresses.
If agreement is reached, the agreed terms will be recorded in a Compromise Agreement.
Both parties will have 14 days to consider, sign and return the agreement. Once signed by both parties, it becomes legally binding.
If agreement cannot be reached, the case will be closed, and Marley Risk Consultants will provide written confirmation that the dispute has been through ADR.
Both parties remain free to consider other available options, including arbitration, expert determination or legal proceedings.
Further Information
A dispute can take several weeks to resolve depending on its complexity, the information available and the availability of those involved.
ADR is confidential and carried out on a without prejudice basis. You do not need legal representation to take part, and you may have a representative or support person with you.
If you need additional support or reasonable adjustments to take part in the process, please let us know.
For full details of how the ADR process operates, including eligibility, evidence requirements, timescales, confidentiality, costs, representation, mediation meetings and agreements, please see our ADR Scheme Rules and Terms of Engagement.