ADR Official Competence, Appointment & Independence Policy

1. Purpose

This policy explains how ProMediate appoints, supports and oversees its ADR Officials to ensure they remain independent, impartial, competent and suitably qualified to conduct Alternative Dispute Resolution.

2. Independence

ADR Officials act independently of:

• participating traders;
• consumers;
• insurers;
• legal representatives;
• ProMediate’s commercial interests.

No ADR Official may be influenced regarding the outcome of any dispute.

Funding arrangements with participating traders do not affect the independence of the ADR Official.

3. Appointment

ADR Officials are appointed by ProMediate following consideration of:

• professional qualifications;
• mediation experience;
• ADR experience;
• legal knowledge (where applicable);
• integrity;
• independence;
• communication skills.

Appointments are reviewed periodically.

4. Current ADR Officials

The current ADR Officials are:

• Peter Causton

  • Director of ProMediate (UK) Limited
  • Barrister
  • Deputy District Judge
  • Fellow of the Civil Mediation Council
  • Accredited Civil and Commercial Mediator
  • Accredited Mediator Trainer
• Joanne Holland

  • Civil and Commercial Mediator
  • Accredited ADR Official
  • Experienced dispute resolution practitioner

Additional ADR Officials may be appointed where appropriate.

5. Competence

ADR Officials are expected to maintain appropriate competence by:

• undertaking continuing professional development;
• remaining familiar with consumer protection legislation;
• remaining familiar with ADR legislation;
• keeping mediation skills under review;
• participating in peer review where appropriate.

6. Impartiality

ADR Officials must:

• disclose any actual conflict;
• disclose any potential conflict;
• withdraw where independence could reasonably be questioned.

Another ADR Official will be appointed where necessary.

7. Confidentiality

ADR Officials are bound by strict duties of confidentiality except where disclosure is required by law.

8. Standards of Conduct

ADR Officials are expected to:

• act fairly;
• treat parties equally;
• conduct proceedings proportionately;
• avoid unnecessary delay;
• communicate clearly;
• remain impartial throughout the ADR process.

9. Removal

An ADR Official may be removed where they:

• cease to satisfy competence requirements;
• fail to maintain independence;
• commit professional misconduct;
• become unable to perform their duties.

Related Policies

This policy should be read together with:

• ADR Scheme Rules
• Independence & Conflict of Interest Policy
• Complaints Policy
• Equality, Diversity & Inclusion Policy
• Fees & Funding Statement

Contact

For questions about the appointment, independence or competence of our ADR Officials, please contact us.

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