Do I need to use ADR before a claim?

ADR is alternative dispute resolution scheme which is important part of pre-action conduct and protocol, which should be used before issuing a small claim.

Failure to use some form of ADR could caused the court sanctions alongside with further changing awarded costs:

“The court will take into account non-compliance when giving directions for the management of proceedings (see CPR 3.1(4) to (6)) and when making orders for costs (see CPR 44.3(5)(a)).”

Types of ADR:

  • third party independent mediators
  • arbitration
  • Ombudsmen
  • Or any third party who can give independent opinion on the dispute

Most common and free scheme of resolving dispute between customer and company is Ombudsman service.

Ombudsman service can help with dispute with:

  • gas and electricity company,
  • internet service provider, 
  • home improvement company
  • removals firm
  • solicitor
  • property company
  • retail company

Ombudsman service had been approved by the regulators in certain field.

It is useful service that have comprehensive guides in regards of complaint procedure, terms, code of practice, regulations and regulatory rules.

If resolving issue with company has not been achieved within reasonable time or party has failed to reply, ombudsman is the next step to reach success or get alternative opinion.

Normally you must have used the firm's internal complaints code before taking your case to an ombudsman.

Very often, customers don’t know how long to wait reply from company of provider to go ahead with issue.

Ombudsman web-site gives common information about deadline within to wait reply from opposite side and next step.

What Ombudsman do?

Ombudsman acts as independent organization  which handles all complaint fairly, considering information from both parties – customer and company.

To reach settlement Ombudsman created simple and pure procedure to avoid excessive bureaucracy on correspondence.

There are no need requirements to sign and return paper compliant. Instead of it, ombudsman ask you to give authority to proceed over the phone. Additional information and confirmation is sent on e-mails.  Ombudsman service stuff contacts over the phone or e-mail with both parties.

Usefull links: