ADR Process

What is ADR?

Alternative Dispute Resolution (ADR) is a voluntary process that is designed to help resolve disputes between two parties. ADR involves an independent and neutral third party who facilitates discussions between those involved, using mediation and conciliation to guide the parties toward a fair and reasonable outcome. The process is informal and private, and in most cases, it leads to a swift resolution. ADR provides a neutral platform for open communication and a non-judgmental and flexible approach to helping both parties reach an amicable resolution without the need to escalate the matter to a legal forum. If either party does not accept the findings of the mediation their legal and statutory rights remain unchanged, and they can take the matter to court, subject to any court-imposed requirements.

The Benefits of ADR

It is very important to understand that mediation and conciliation is a voluntary, it is NOT a “mini trial”. The sole purpose of the mediation and conciliation is to reach a ‘Fair and Reasonable’ agreement between the parties in dispute.

The process we follow at QURE Group is flexible, cost-efficient, and time-effective, and gives the parties control over the process and the results rather than having to pursue a legal route. Consumers have the right to withdraw from the process for any reason, at any time. Parties who choose to proceed and resolve their disputes through ADR are generally more satisfied because they may directly participate in working out the terms of their settlement.

QURE Group is fully committed to providing independent and impartial dispute resolution. In achieving this, QURE Group will:

• Demonstrate that we have treated both parties to a dispute fairly, so that neither is unduly disadvantaged.
• Remain objective and promote neither the position of the consumer nor that of the Installer.
• Consider the evidence presented by the parties, the specific circumstances, and other information directly relevant to the dispute and whether to request further information from either party.
• Have regard to relevant regulations, laws, and terms and conditions.
• Ensure that all outcomes are based on the balance of probabilities, giving full reasons for all suggested resolutions
• Ensure that fees charged to traders are not linked in any way to the outcome of cases.
• Although you are free to engage independent advice and/or representation in relation to the ADR process, you are in no way obliged or required to do so as part of the service.

Our Approved Chartered Trading Standards Alternative Dispute Resolution service is provided to consumers at no cost.

QURE Group’s Mediation Team

Our team of ADR professionals (who were appointed after a rigorous interview process), are impartial experts in dispute resolution, specially trained to address disputes between consumers and businesses. They are skilled in listening attentively and offering resolutions based on factual evidence. QURE Group maintains an average resolution time of approximately 39 days for actively resolving disputes. Each official brings relevant experience and undergoes comprehensive ongoing training in dispute resolution. All our staff are employed on a permanent, full-time basis.

Raising a Dispute

You can submit your dispute to us in the following ways:

• E-mailed to enquiries@quregroup.co.uk
• Send by Post to Solutions House, Chorley Business & Technology Centre, Euxton Lane, Chorley, PR7 6TE
• Telephone 0800 211 8000

QURE Group can only accept communications in English, and the ADR procedure will be conducted in English.

There are instances where we are unable to accept a dispute request. Once we have received your dispute we will check to make sure that we can proceed.

Some of the reasons we may reject a dispute include:

• Prior to submitting the dispute to QURE Group the complainant has not attempted to contact the other party to discuss the complaint and has not sought to resolve the matter directly with the other party.
• The dispute is frivolous or vexatious.
• The dispute is being, or has been previously, considered by another ADR entity or by a court.
• Dealing with such a type of dispute would seriously impair our business operations.

QURE Group reserve the right to reject any cases where any party have deliberately misled QURE Group on a matter relating to the existence or non-existence of one of the above grounds for refusal.

If it is not possible for us to handle your dispute, we will let you know as soon as possible and, where available, you will be signposted to other organisation(s) who may be able to help.

The process we follow

The mediation process involves the following steps. Please refer to <Scheme Rules> for more detailed information:

Eligibility & Triage: Once we have consent to do so, we will contact both parties to conduct an initial triage of the case. This allows us to get more information about the dispute, and for us to share further details of the process. You will be asked to sign our Terms of Engagement (included on the prior link) to ensure all participants understand the process and their obligations.

Evidence Collection and Review: Both parties will have 10 working days to provide their evidence to us. All submitted evidence will be shared with the other party, and they will be allowed time to review and respond. The sharing of evidence can be repeated as often as needed, to ensure both parties have seen all the evidence / comments provided by the other party. Once QURE Group has all the required information for the ADR process to begin, this will be considered the ‘complete case file’ and both parties will be notified in writing at this point.

Suggestions & Negotiation: Following review of the completed case file, QURE Group will contact both parties to discuss potential ways forward and suggestions to resolve the dispute, with the aim of reaching agreement. The mediator will work with both parties to refine suggestions and to encourage collaboration and negotiation. Both parties are able to choose if the suggestions are agreeable, and if they want to proceed on that basis. If an agreement is not reached at this stage, the matter may proceed to a Mediation Meeting (see section ‘Mediation Meeting’ for further information)

Outcomes: Once the ADR procedure has concluded and a decision reached, both parties will be provided with this in writing and we will explain how the outcome has been reached.

• Both parties 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.

Both parties will be given 10 working days to accept or reject the decision reached.

Where an agreement cannot be reached, the dispute is deemed to be at an Impasse. At this stage:

• The case is closed, and QURE will provide a written statement to both parties confirm in the their attendance in ADR
• Parties are then free to pursue other options, including Expert Determination or legal proceedings.

Further information can be found within our ‘Scheme Rules’.