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Alternative Dispute Resolution (ADR)
DGCOS is a Chartered Trading Standards Institute approved Alternative Dispute Resolution Competent Authority, providing free and impartial dispute resolution services for homeowners.
DGCOS is approved by the government under the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015.
What is Alternative Dispute Resolution (ADR)?
ADR is a process where an independent, neutral party helps the parties resolve disputes without going to court. At DGCOS, this neutral party may be a Dispute Resolution Officer or an appointed third party, aiming to reach an agreement quickly and fairly. Mediation and conciliation are key ADR methods used, which may not always result in a final, binding decision but often bring disputes to a swift resolution.
Why Use ADR?
If you’re unable to resolve a dispute directly with an installer, ADR can offer an impartial way to reach a fair resolution. Our service is designed to be efficient, fair and accessible, at no cost to the consumer.
What Does ADR Involve?
Mediation and Conciliation
A voluntary process aimed at resolving the dispute quickly and fairly. A DGCOS officer will speak with both parties to try to reach an agreement without escalating the issue to the Ombudsman.
Independent Inspections
If necessary, a mediator may commission an independent inspection of the installation. The resulting report is shared with all parties and used to support the mediation process.
All services are provided free of charge to consumers.
Who Are the DGCOS ADR Team?
Our Dispute Resolution Officers (DROs) are experienced, approachable professionals with a strong track record of resolving disputes. They offer fair, unbiased support and work closely with both consumers and DGCOS members to improve outcomes.
DGCOS ADR Process
Our processes are designed to be high quality, proportionate and effective.
If the consumer chooses not to accept our decision, their legal rights (as the complainant) remain unaffected, and they can take the matter to court – subject to any requirements set by the courts.
We ensure our services are widely accessible. We base our decisions on what is fair and reasonable.
If one of the parties has sought to deliberately mislead us on a matter relating to the existence or non-existence of one of the grounds for refusing to deal with the dispute, we retain the right to immediately refuse to deal with the dispute any further, even after the three-week deadline has passed.
When we make a decision, we consider:
– both sides of the story;
– regulatory rules, guidance and standards;
– our Code of Practice, relevant law and regulations;
– what is accepted as good industry practice.
We will consider complaints with a contract value of up to £150,000.
Consumers can be represented or assisted by a third party.
Consumers do not need to seek independent legal advice to access our services.
Each party will be allowed a reasonable period to reflect on the proposed outcome before agreeing to the outcome.
If we accept your complaint, we will decide the best way to resolve it and will aim to find a resolution that both you and the company agree on.
The legal effect of the outcome of our procedure is binding on our members, not on the consumer.
You can withdraw from the process at any point. In exceptional circumstances, where the Ombudsman considers it necessary (as a matter of sole discretion) a site visit, an expert report or a face-to-face meeting (or hearing) may be arranged.
Consumers can request all the documents we hold in relation to their complaint.
The outcome of the ADR case will be communicated to both parties within 90 calendar days. However, in highly complex disputes, we may, at our discretion, extend the 90 calendar day time period.
Taking part in the ADR procedure does not prevent parties from seeking redress through court proceedings and the outcome reached by the ADR body may differ from an outcome reached by a court.
How to Complain
Before we can help, you must first give the company a reasonable chance to resolve the complaint. If the issue remains unresolved after receiving their final response (known as “deadlock”), we may be able to help.
Complaints can be submitted in any language supported by Google Translate. Our responses will be in English.
ADR can be conducted via written or oral communication in English.
To submit a complaint:
• Complete our online complaint form
• Or write to us at: Solutions House, Chorley Business & Technology Centre, Euxton Lane, Chorley, PR7 6TE.
Main Reasons Complaints May Be Rejected
We may be unable to accept a complaint if:
– The customer hasn’t attempted to resolve it directly with the trader.
– The dispute is frivolous or vexatious.
– The matter is (or has been) handled by another ADR scheme or court.
– The value exceeds our maximum claim limit.
– The company was not a DGCOS member when the work was done.
– The complaint wasn’t submitted within the required timeframe.
– Handling the complaint would impair our ability to operate effectively.
What Happens if ADR Doesn’t Work?
If the ADR process doesn’t resolve your issue, you will have free access to the Ombudsman.
DGCOS ADR Annual Reports
In line with the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015, our annual ADR performance reports are available here:
I am very pleased with the service we have received from DGCOS.
Andrew Gledhill