1. Purpose
This policy explains how ProMediate (UK) Limited maintains the independence and impartiality of its Consumer Alternative Dispute Resolution (ADR) schemes.
The policy is intended to ensure compliance with:
- The Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015;
- The Digital Markets, Competition and Consumers Act 2024 (where applicable);
- Chartered Trading Standards Institute (CTSI) approval requirements;
- Civil Mediation Council standards; and
- the principles of natural justice.
2. Our Commitment
ProMediate is committed to providing an independent, fair and impartial ADR service.
Every dispute is considered solely on:
- the evidence;
- the parties’ submissions;
- applicable law;
- industry practice (where relevant); and
- what is fair and reasonable in the circumstances.
No outcome is influenced by:
- commercial relationships;
- funding arrangements;
- the value of the dispute;
- future business opportunities; or
- any external influence.
3. Independence of ProMediate
Although participating businesses contribute towards the cost of operating ADR schemes, they have no influence over:
- appointment of ADR Officials;
- conduct of individual cases;
- recommendations;
- reports;
- settlement discussions; or
- proposed outcomes.
Funding arrangements are entirely separate from the determination of disputes.
Consumers are not charged for using ProMediate’s Consumer ADR schemes unless expressly stated in writing before a dispute is accepted.
4. Independence of ADR Officials
ADR Officials act independently of both parties.
They:
- owe duties equally to both parties;
- must remain neutral at all times;
- must avoid bias;
- must avoid the appearance of bias;
- must disclose any actual or potential conflict immediately; and
- must withdraw from any case where independence could reasonably be questioned.
No person within ProMediate, including Directors, may instruct an ADR Official how a dispute should be determined.
5. Appointment of ADR Officials
ADR Officials are appointed on the basis of:
- professional qualifications;
- mediation and ADR experience;
- relevant legal or industry expertise;
- integrity;
- independence; and
- ability to conduct disputes fairly.
Appointments are not influenced by participating traders or commercial partners.
6. Conflicts of Interest
A conflict of interest may arise where an ADR Official:
- has previously acted for either party;
- has a financial interest in the outcome;
- has a close personal relationship with either party;
- has provided advice regarding the dispute;
- has previously been involved in the matter in another capacity; or
- has any other interest capable of affecting impartiality.
Conflicts may be:
- actual;
- potential; or
- perceived.
All three must be taken seriously.
7. Declaration of Interests
Before accepting an appointment ADR Officials must consider whether any conflict exists.
If a conflict arises during the ADR process it must be declared immediately.
Where appropriate:
- another ADR Official will be appointed;
- the parties will be informed; or
- the ADR process will be terminated if fairness requires.
8. Parties’ Right to Raise Concerns
Either party may raise concerns regarding the independence or impartiality of an ADR Official.
Those concerns will be considered promptly.
Where appropriate, another ADR Official may be appointed.
9. Gifts and Hospitality
ADR Officials must not accept gifts, hospitality or benefits capable of influencing, or appearing to influence, their independence.
Any offers of gifts or hospitality connected with ADR proceedings must be declined.
10. Confidentiality
Information obtained during ADR proceedings is confidential except where:
- disclosure is required by law;
- disclosure is authorised by the parties; or
- disclosure is necessary for regulatory purposes.
Confidential information will never be used for personal advantage.
11. Training
ADR Officials receive ongoing training in:
- impartiality;
- identifying conflicts of interest;
- unconscious bias;
- procedural fairness;
- consumer ADR;
- mediation practice; and
- relevant legal developments.
Training records are maintained by ProMediate.
12. Monitoring
Compliance with this policy is monitored regularly.
The policy forms part of ProMediate’s governance framework and will be reviewed annually or sooner where legislation or CTSI requirements change.
13. Related Documents
This policy should be read together with:
Version History
| Version | Effective date | Review date | Summary of changes |
|---|---|---|---|
| 1.0 | August 2026 | August 2027 | First issue. |
This policy is reviewed at least annually.