Complaints About ProMediate Policy

1. Purpose

ProMediate is committed to providing a professional, independent and fair Alternative Dispute Resolution (ADR) service.

We value feedback and treat complaints seriously. This Policy explains how concerns about ProMediate or the conduct of our ADR service may be raised and investigated.

This Policy applies only to complaints about ProMediate’s service. It does not apply to complaints about the trader or consumer involved in the underlying dispute.

2. Scope

This Policy applies to complaints concerning:

• the administration of the ADR Scheme;
• delays;
• customer service;
• communication;
• accessibility;
• the conduct of an ADR Official;
• compliance with the ADR Scheme Rules;
• alleged conflicts of interest;
• alleged failures to follow ProMediate procedures.

It does not apply to disagreement with the outcome of ADR itself unless the complaint concerns procedural fairness or the conduct of the ADR process.

3. How to Make a Complaint

Complaints should be made as soon as reasonably possible.

They should preferably be made in writing by email or post:

The complaint should include:

• the complainant’s name;
• case reference (if known);
• details of the complaint;
• copies of any relevant documents;
• the outcome sought.

4. Acknowledgement

We will normally acknowledge receipt of a complaint within five working days.

If further information is required we will request it as soon as possible.

5. Investigation

Complaints concerning the administration of the ADR Scheme will normally be investigated by a Director who has had no substantive involvement in the matter complained of.

Where the complaint concerns the conduct of:

• Peter Causton, it will normally be investigated by Joanne Holland or Nichola Evans.
• Joanne Holland, it will normally be investigated by Peter Causton or Nichola Evans.
• Nichola Evans, it will normally be investigated by Peter Causton or Joanne Holland.

The investigating officer may obtain comments from those involved together with any relevant documents before reaching a conclusion.

6. Response

We aim to provide a full written response within 28 days.

Where this is not possible we will explain why and provide an estimated date for our final response.

7. Outcomes

Following investigation we may:

• uphold the complaint;
• partially uphold the complaint;
• not uphold the complaint;
• apologise;
• explain our actions;
• recommend improvements;
• take remedial action;
• review internal procedures;
• provide additional staff training.

Where appropriate we may also offer to resume or continue the ADR process.

8. Independence

Complaints are considered independently and fairly.

A complaint will not affect the impartial handling of any ADR matter.

Where appropriate another ADR Official may be appointed.

9. Confidentiality

Complaint information will be handled confidentially and in accordance with our Privacy Policy.

Information will only be disclosed where necessary:

• to investigate the complaint;
• where required by law;
• where required by a regulator or competent authority.

10. Further Review

If you remain dissatisfied after receiving our final response you remain free to:

• seek independent legal advice;
• pursue any legal remedies available to you;
• notify any regulator or competent authority where appropriate.

Nothing in this Policy affects your legal rights.

11. Learning from Complaints

ProMediate records complaints in order to identify trends and improve the quality of its ADR service.

Anonymous information may be included within our Annual Report and ADR Statistics.

12. Record Keeping

Complaints are retained in accordance with our Data Retention Policy.

13. Review

This Policy will normally be reviewed annually.

This policy should be read together with:

• ADR Scheme Rules
• Privacy Policy
• Independence & Conflicts Policy
• ADR Official Competence & Training Policy
• Data Retention Policy

Version History

This policy is reviewed at least annually.