Our Dispute Resolution Process

Dispute Assist, a trading style of QASSS Ltd are approved by the Chartered Trading Standards Institute as a consumer ADR body under The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015. Dispute Assist will deal with disputes in the home improvement and renewable energy sectors. At Dispute Assist, we have an impartial ADR process working with the consumer and the company to resolve the complaint:

Triage 

This is an initial factfinding interaction to establish if the issue is at dispute stage. 

1st Stage ADR 

This is the initial mediation process with up to 7 days to resolve the complaint before 2nd stage ADR. 

2nd Stage ADR 

This involves more formal mediation with up to 90 days to resolve the complaint. An extension can be applied if the case is more complex or needs time.

ADR – what you need to know

Consumers are not charged for Alternate Dispute Resolution by Dispute Assist, unless the Consumer wishes to escalate the dispute beyond the initial mediation and conciliation stages. A ‘complete complaint file’ should be received from all parties in the dispute after which we have 90 days to provide an outcome. You will be advised at the outset what is required from all parties to make up the complete complaint file and will be kept up to date with the progress of gathering this information. You will be notified in writing when the complete complaint file has been received and the 90-day timeframe starts. Highly complex cases may require a longer timeframe, this will be discussed with you on acceptance of your case. 

Dispute Assist have in place a Conflict Of Interest Policy which can be found by clicking the link on the website or by request by email or phone.

ADR – how we work

We ensure our dispute resolution services are widely accessible and ensure that our decisions are made on what is fair and reasonable. Our ADR officials act with impartiality and aim to reach a quick resolution to the dispute or complaint. They are appointed on a permanent basis and selected based on skills and knowledge. When we make a decision, we take into account:

• both sides of the story;
• regulatory rules, guidance and standards;
• relevant law and regulations;
• what is accepted as good industry practice.

If the consumer chooses not to accept our decision, their (the complainant) legal rights remain unaffected and they can take the matter to court – subject to any requirements set by the courts

Receiving a complaint 

Before we can accept your complaint, you must give the company a reasonable opportunity to resolve it. If you receive the company’s final position on the complaint (deadlock) and you remain unhappy, or eight weeks pass and the complaint remains unresolved, we may be able to help.

There are, however, some reasons why we will not accept complaints. These include:

• the customer has not first attempted to resolve the complaint directly with the trader.
• the dispute is frivolous or vexatious.
• the dispute is currently being, or has in the past been, considered by another ADR scheme or court.
• the value of the claim exceeds the maximum value of an award that we can make.
• the customer has not submitted the dispute within the required time and;
• dealing with the dispute would seriously impair the effective operation of our ADR service.

In the exceptional circumstance of a case being refused, Dispute Assist is permitted up to three weeks, from the date the final submissions from all parties are received, to refuse the case. A full explanation for the refusal will be sent to all parties involved in the dispute.

Initial complaint submissions can be written in any language that can be translated by Google Translate. Our responses, however, will be in English only. Our procedures can be conducted by both oral and written means, in English.

We will accept cross-border complaints, which is where the trader and consumer reside in different countries. Consumers can be represented or assisted by a third party.

Consumers do not need to get any independent advice from a solicitor to access our services. If we accept your complaint, we will decide the best way to resolve it and will aim to find a resolution that both you and the company agree on. You can withdraw from the process at any point. You have the choice as to whether or not to agree to or follow the proposed solution. Participation in the procedure does not prevent the possibility of seeking redress through court proceedings. The proposed solution may be different from an outcome determined by a court applying legal rules.

Your legal rights remain unaffected.

In exceptional circumstances, where Dispute Assist or the Expert Determiner considers it necessary (as a matter of sole discretion) a site visit, expert report or a face-to-face meeting (or hearing) may be arranged.

For transparency, consumers can request all the documents we hold in relation to their complaint. Each party will be given time to review all contents and documentation through the mediation/conciliation process.

Our experience in mediation (or dispute resolution) & the sector, allows us to make an impartial recommendation for the resolution of the dispute. This will be the best available option for the consumer based on our knowledge.

If one of the parties has sought to deliberately mislead us on a matter relating to the existence or non-existence of one of the grounds for refusing to deal with the dispute, we retain the right to immediately refuse to deal with the dispute any further, even after the three-week deadline has passed.

Mediation & Conciliation

Mediation and conciliation are voluntary dispute resolution processes in which a ‘neutral person’ helps the parties try to reach a settlement, preferably a negotiated settlement. The ‘neutral person’ could be an officer of QASSS or someone appointed by Dispute Assist to discuss the problems with both parties to try to reach an agreement without the need to progress to Expert Determination. Mediation and conciliation are both designed to bring the matter to a speedy conclusion but may not provide the final and binding resolution of a dispute.

Independent Inspections

The mediator/conciliator may, at any time, deem it necessary to instruct an independent inspector to carry out a forensic defect analysis report concerning an installation undertaken by the business. The report may then be used by the mediator/conciliator to further the mediation/conciliation process to reach an agreed resolution between the parties. For transparency, copies of the forensic defect analysis report will be supplied to all parties in the dispute with each party being given time to review the contents prior to continuation of the mediation/conciliation process.

Reaching a decision

When we make a decision, we take into account:

• both sides of the story.
• regulatory rules, guidance and standards.
• codes of practice, relevant law and regulations.
• what is accepted as good industry practice.

The grounds of which the outcome is based will be sent to the consumer in their preferred format, post, or email for example. A reasonable amount of time will be given to allow consideration of the outcome.

If the consumer chooses not to accept our decision, their legal rights remain unaffected, and they can take the matter to court – subject to any requirements set by the courts. We would always suggest that the consumer also goes through the Dispute Assist appointed Expert Determiner before commencing action in the courts.

If one of the parties has sought to deliberately mislead us on a matter relating to the existence or non-existence of one of the grounds for refusing to deal with the dispute, we retain the right to immediately refuse to deal with the dispute any further, even after the three-week deadline has passed.

Compromise Agreements

Important points to note:

• Consumers have the choice as to whether or not to agree to, or follow the proposed solution.
• Participation in the procedure does not prevent the possibility of seeking redress through court proceedings.
• The proposed solution may be different from an outcome determined by a court applying legal rules.
• Where a business is part of a client scheme, this agreement is binding on the business but not on the consumer.

A reasonable amount of time will be given time to allow consideration of the proposal.

Access to Expert Determination

If a compromise cannot be reached and both parties are at an impasse, Dispute Assist will elevate the case to the independent Expert Determiner. However, Dispute Assist have a very high in-house resolution rate meaning that most cases do not need referral. 

To register a complaint, please contact us on 0161 676 0919 or by email at info@dispute-assist.co.uk or by post QASSS Ltd, 11th Floor, 3 Piccadilly Place, Manchester, M1 3BN.