Re: Summer 2015 | Page 91

The UK Regulations aim to increase awareness and use of ADR for resolving consumer disputes, rather than issuing court proceedings. creating obligations to provide ADR for any dispute concerning contractual obligations between a consumer and a business or trader. The European ADR Directive and ODR Regulation •  he principal obligation on the UK T Government under the ADR Directive is to ensure that ADR, provided by a certified ADR body, is available for any contractual dispute between a consumer and a business. •  he ADR Directive does not make T ADR mandatory, and does not force businesses or consumers to use ADR. However it must be available if both parties agree to use it. •  urrent ADR providers have the option C to become certified ADR providers under the ADR Directive, although they do not have to become one. The ADR Directive will require consumers to be signposted to certified ADR providers in all sectors. Certified ADR providers must offer ADR free of charge or for a small fee, conclude disputes within 90 days of receiving the complaint file and employ trained and independent staff to handle the disputes. •  usinesses and traders will be required B to provide information about relevant certified ADR providers on their websites or sales contracts in certain circumstances, and in the event of an unresolved dispute, all businesses must provide information about certified ADR providers. •  or cross-border disputes, the ODR F Regulation provides for the creation of an online dispute resolution platform to enable online communication, including mediation and negotiation between parties and a certified ADR provider. Once a dispute is submitted online, they will be put in contact with a national ADR provider who will help resolve the dispute. The UK has to designate an online dispute resolution contact point to assist with disputes, which will need to be referred to by online traders. The UK has implemented the ADR Directive into the Alternative Dispute Regulation for Consumer Disputes (Competent Authorities and Information) Regulations 2015. The main parts relevant to traders come into force on 9 July 2015. The UK Regulations aim to increase awareness and use of ADR for resolving consumer disputes, rather than issuing court proceedings. If will help to ‘fill the gap’ in consumer areas where there is no current ADR system in place. It also aims to ensure that certified providers are available to handle such disputes. However the Regulations do not make it mandatory for traders to offer consumers access to ADR nor do they entitle consumers to force traders to use ADR, unless the trader is a member of a trade association or professional body which requires ADR to be provided. What should traders do before 9 July 2015? •  raders and businesses should review T their website, terms and conditions and service contracts, and any trade associations rules and dispute resolution requirements, to ensure that they are complaint with the UK Regulation. • If a Trader or business is obliged to use  ADR through its terms and conditions and /or trade association rules, or has voluntarily agreed to use an ADR provider, it must provide the names and contact details for that ADR entity on its website and in its terms and conditions or sales / service contracts. • Online traders must inform customers  of the ADR option and provide a link to the online dispute resolution contact point on their website by January 2016. ( "