ADR Scheme Rules

1. Introduction

ProMediate (UK) Limited (“ProMediate”) provides Alternative Dispute Resolution (“ADR”) for complaints brought by consumers against traders who are members of, or participate in, the ProMediate ADR Scheme.

ProMediate is currently certified by the Chartered Trading Standards Institute (“CTSI”) as an Alternative Dispute Resolution provider. ProMediate is participating in the transition to the new ADR approval regime under the Digital Markets, Competition and Consumers Act 2024 (“DMCC Act”).

The ADR process is designed to provide an independent, impartial and accessible means of resolving disputes without the need for court proceedings wherever possible.

Participation by traders forms part of their membership or service agreement with ProMediate.

Consumers remain free to accept or reject any proposed outcome and retain their legal rights.

The ADR process is free of charge to consumers.

ProMediate’s Annual Report may be viewed at: promediate.org/annual-reports

2. Scope of the ADR Scheme

ProMediate provides ADR principally by way of:

• Mediation
• Conciliation
• Facilitative negotiation
• Neutral evaluation
• Non-binding recommendations or reports where settlement cannot be achieved.

The Scheme covers disputes including:

• Motor vehicle repairs
• Credit hire
• Accident management
• Vehicle damage
• Consumer goods and services
• Customer service complaints
• Insurance-related disputes involving participating traders
• Consumer contract disputes
• Any other dispute accepted by ProMediate.

The ADR process may result in:

• A negotiated settlement
• A written settlement agreement
• A non-binding recommendation
• A neutral evaluation
• Closure where no settlement is achieved.

The ProMediate Consumer ADR process is non-adjudicative. ProMediate does not impose a legally binding decision upon either party. Any independent assessment, observations or recommendations are intended to assist the parties in resolving the dispute and are not legally binding unless the parties subsequently enter into a binding agreement.

ProMediate Consumer ADR is intended to provide a proportionate, streamlined and relatively short ADR procedure for eligible consumer disputes up to £10,000. It is not equivalent to full commercial mediation, litigation or a detailed adjudication process. ProMediate may obtain information and documents from both parties, seek clarification, facilitate settlement and, where appropriate, provide an independent assessment or report in accordance with the particular scheme.

Maximum claim value

ProMediate’s Consumer ADR service is available for disputes with a value not exceeding £10,000.

Where the value of a dispute exceeds £10,000, it falls outside the ProMediate Consumer ADR Scheme. The parties may instead consider ProMediate’s separate commercial mediation service. Commercial mediation is a separate process, subject to separate terms and fees, with the mediation cost ordinarily shared between the parties.

3. Contact Details

4. General Information

The ADR procedure is conducted in English.

ADR may be conducted:

• by email;
• by telephone;
• by video conference;
• online; or
• by any combination of these methods.

In determining disputes ProMediate may take into account:

• relevant legislation;
• applicable Codes of Practice;
• contractual terms;
• industry standards;
• evidence submitted by both parties;
• fairness and reasonableness.

The complainant may withdraw the complaint at any stage of the ADR process by notifying ProMediate in writing. Withdrawal will normally bring the ADR process to an end unless both parties agree otherwise.

Participation in ADR does not prevent either party pursuing litigation.

Both parties are entitled to be represented or assisted throughout the ADR process by any person of their choosing, whether or not legally qualified. ProMediate may request written confirmation of a representative's authority to act on behalf of a party.

ProMediate aims to conclude Consumer ADR disputes within 28 days of receiving the complete complaint file. Some disputes may require additional time because of their complexity or because further information is required. Where applicable, the parties will be informed of any extension required in accordance with the Consumer ADR regulatory framework.

Each party bears its own legal costs.

ProMediate does not award damages or legal costs.

5. Referring a Complaint

Participating traders should notify consumers of ProMediate once their internal complaints procedure has been exhausted.

Consumers should first complete the trader’s internal complaints procedure.

Complaints should normally be referred within 12 months of the trader’s Final Response.

Complaints may be submitted:

• online;
• by email;
• by post;
• by telephone.

The complaint should normally include:

• consumer name and contact details;
• trader’s name;
• complaint reference;
• vehicle registration (where relevant);
• copy of Final Response;
• summary of complaint;
• supporting documents.

6. Eligibility and Refusal

ProMediate will not unreasonably refuse to carry out ADR in relation to a dispute falling within the Consumer ADR service it provides.

ProMediate will consider the eligibility of each referral in accordance with these Scheme Rules. Where ProMediate declines to accept a dispute, the consumer will be informed of the reason.

Acceptance of a dispute into the ADR process is an eligibility decision only and does not indicate that ProMediate has reached any conclusion as to the merits of the complaint.

ProMediate will not unreasonably refuse to deal with a dispute falling within its Consumer ADR service. Circumstances in which it may be reasonable for ProMediate to decline a dispute include, but are not limited to, where:

• a. the consumer has not first attempted to resolve the complaint directly with the trader through the trader’s internal complaints procedure;
• b. the dispute is frivolous or vexatious;
• c. the dispute is being, or has previously been, considered or determined by another ADR provider or by a court;
• d. the dispute falls outside the subject matter or scope of the relevant ProMediate Consumer ADR scheme;
• e. the value of the dispute exceeds £10,000;
• f. the dispute has not been referred within an applicable time limit contained in the Scheme Rules;
• g. dealing with the particular dispute through the Consumer ADR process would seriously impair the effective operation of the ADR service; or
• h. there is an actual or significant conflict of interest which cannot reasonably be managed.

These examples are not exhaustive. ProMediate will consider the circumstances of each referral individually and will not unreasonably refuse to carry out ADR. Where ProMediate declines a dispute, reasons will be given, together with details of any alternative body who may be able to assist where possible.

7. ADR Procedure

Upon receipt of a complaint ProMediate will:

8. Conflict of Interest

Before accepting appointment ProMediate will undertake conflict of interest checks.

ADR Officials must disclose any actual, potential or perceived conflict.

Conflict checks are undertaken before every appointment and continue throughout the ADR process. Should an actual, potential or perceived conflict arise after a complaint has been accepted, the ADR Official must disclose it immediately and ProMediate will determine whether the conflict can be managed or whether another ADR Official should be appointed.

Where a conflict exists ProMediate may:

• appoint another ADR Official;
• decline appointment;
• refer the parties to another accredited ADR provider.

A Conflict Register is maintained.

9. Confidentiality

ADR is confidential.

Information obtained during ADR will not normally be disclosed except:

• with consent;
• where required by law;
• to CTSI or another regulator where required;
• to prevent serious crime or harm.

Settlement discussions are generally conducted on a without prejudice basis.

10. Data Protection

ProMediate processes personal data in accordance with:

• UK GDPR;
• Data Protection Act 2018;
• ProMediate’s Privacy Policy.

Personal information will be shared between the parties where reasonably necessary to administer the ADR process.

Complaint files will normally be retained for 6 months following completion.

For regulatory purposes ProMediate may retain limited statistical information including:

• consumer name;
• trader name;
• subject matter of dispute;
• dates;
• outcome;
• compliance information.

This information may be retained for CTSI audit and annual reporting requirements.

Read our full Privacy Policy.

11. Complaints about ProMediate

Complaints concerning ProMediate's service should be submitted in writing by post or email.

Complaints will normally be acknowledged within 7 days and investigated by a Director or other suitably independent senior person not involved in the ADR wherever practicable.

A substantive response will normally be provided within 28 days.

12. Independent Advice

Participation in the ProMediate ADR Scheme is voluntary. Consumers remain free to accept or reject any proposed settlement or recommendation, obtain independent legal or other professional advice and pursue court proceedings or any other remedy available to them. Participation in ADR does not affect any statutory rights.

13. Review

These Scheme Rules will be reviewed periodically to ensure compliance with the Digital Markets, Competition and Consumers Act 2024, CTSI accreditation requirements and good ADR practice.