Topic B Enforcement of Civil Law Flashcards
Name the 5 method of ADR.
Negotiation, Ombudsman, Arbitration, conciliation and mediation.
Negotiation is the first stage in dealing with a dispute. How could you negotiate?
Talking on the phone, exchanging letters or emails, getting a representative, such as a union rep, to talk for you, getting a lawyer to deal with the other party or with their lawyer, face to face.
When can a claimant refer their dispute to the Ombudsman?
When the company/organisation they have a dispute with is a member of a trade association.
What is the role of the Ombudsman
The Ombudsman will investigate the complaint by contacting both parties. The service will be free to the consumer. Following the investigation, the ombudsman will announce a decision. If in favour of the consumer, the service provider should act on the decision. If in favour of the provider, the consumer has no appeal or right to take further action.
