IDRS
This page contains information about the alternative dispute resolution (ADR) provider IDRS ltd (IDRS).
What it does
Advantages and disadvantages
Which complaints are eligible and which are not?
Cost
Timescale
Procedure
Outcomes
What it does
IDRS is run by the Chartered Institute of Arbitrators (CIArb), and provides dispute resolution services for businesses and trade associations. These schemes cover a range of ADR options including adjudication, arbitration, conciliation and mediation. The adjudicators and others who provide IDRS services are qualified members of the CIArb and are selected from specialist panels.
IDRS dispute resolution schemes include:
- ABTA arbitration for disputes between consumers and travel agents or tour operators
- CISAS for adjudication of phone and internet provider disputes
- Postal Redress Service for disputes between consumers and providers of postal services
- IDRS runs two of the three approved Tenancy deposit disputes adjudication schemes
IDRS also runs a wide range of dispute resolution options for other trade associations and consumer sectors, including:
- building and home improvements
- funeral services
- home removals
A full list is available from IDRS.
Each IDRS scheme is slightly different. Some, like the Funeral Arbitration Scheme, have a staged process which begins with conciliation, and then moves on to arbitration if the parties are unable to agree a settlement. Others, like ASTI, the ABTA dispute resolution scheme, offer a formal arbitration process.
This information applies in England and Wales, Scotland, Northern Ireland, the Isle of Man and the Channel Islands.
Advantages
- It is either free, or costs less than the small claims court
- It is independent
- It is relatively quick
- There is no need to attend a hearing - most schemes are dealt with on paper
- Compliance with an award is usually high because of pressure from the company's trade association - but if necessary arbitration awards can also be enforced through the court in the same way as a court judgement
Disadvantages
- IDRS will not give advice to the consumer about whether or not the proposed settlement is suitable
- Since no hearing is held, you will not have the chance to have your say in person, or to discuss your concerns with the other side face-to-face
- In arbitration schemes, you can’t usually take your case to court if you are not happy with the decision
Note that there is a difference between adjudication and arbitration. With adjudication, the consumer can decide whether or not to accept the adjudicator's decision. If you are not happy with what has been decided, you can take your case to court instead. With arbitration, the arbitrator's decision is binding on both parties. IDRS offers both arbitration and adjudication schemes, so check which one applies to you.
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Which complaints are eligible and which are not?
You can only use an IDRS scheme to resolve your dispute if the company is a member of IDRS, or a member of a trade association scheme which is run by IDRS. The simplest way to find out is to ask the company, or to check on the IDRS website.
Before you use an IDRS scheme, you must first try the company’s own complaints procedure. If you are not happy with their response, you can then take the complaint to the IDRS scheme. Different IDRS schemes have different rules and time limits, so check them out on the IDRS website. The most popular schemes are also profiled on this site:
ABTA arbitration
CISAS
Postal Redress Service
Tenancy deposit disputes
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Cost
Originally, most schemes provided by IDRS were arbitration schemes, and these charge a fee to the consumer. However the fee is usually less than it would cost to take the case to court.
The newer schemes like CISAS and POSTRS are less formal adjudication schemes, which are free to use for consumers. The cost of each scheme is on the IDRS website.
Note: Most people using IDRS schemes are not legally represented, though around a quarter of those taking a complaint to the ABTA arbitration scheme have legal advice. If you do get legal advice and support, your costs are not recoverable.
In England and Wales, Legal Aid is available to eligible clients for help preparing for arbitration and arbitration fees, but not for representation at an arbitration hearing. In Scotland, advice and assistance may be available for legal work in preparing a claim.
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Timescale
The timescale will vary, but generally conciliation will take around four weeks, adjudication will take around eight weeks, and arbitration will take around twelve weeks. Factors affecting the time taken will include:
- the number of different dispute resolution stages included in the scheme
- how long the parties take to respond to requests for information
- the extent of other information needed by the arbitrator, such as site visits or expert reports
- whether or not a hearing is held
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Procedure
Whichever ADR process you use, you must first try to resolve the dispute directly with the organisation concerned. Where a complaint is rejected, or there has been no reply, or the dispute has not been resolved within a specified timeframe, the dispute can be referred to the trade association's complaints procedure, if they have one.
Some trade associations incorporate a Conciliation stage in their complaints procedure. This can be a way for consumers to get their complaint resolved at an early stage. One disadvantage of this type of conciliation is that, as it is offered by the trade association, it might not be seen as genuinely independent and impartial.
Early dispute resolution
Some schemes run by IDRS, such as the Funeral Arbitration Scheme, offer free and independent conciliation through IDRS. If both parties agree to a settlement brokered by a conciliator, then the dispute is resolved. If they cannot agree, then the claimant can apply for arbitration.
Some schemes, such as the RAPID scheme for resolving disputes involving personal injury and illness, have a series of dispute resolution stages:
- Mediation – a non-binding meeting with a neutral mediator to try to agree a solution
- Adjudication – a decision by an independent adjudicator, which is binding on the company if the consumer accepts it
- Arbitration – a decision by an independent arbitrator, based on paper information or on a hearing, which is binding on both parties
To find out how to use one of the IDRS dispute resolution schemes, have a look at the IDRS website – each scheme has its own rules. If the rules for any particular scheme are not on the website, phone IDRS on 0207 520 3809 for details.
Arbitration
For more information about how arbitration works, have a look at the Arbitration page on this website.
Note: If you are applying for an ARBITRATION scheme, once you have signed the application form, you have agreed to be bound by the arbitrator’s decision. This means that you will be unable to take the claim to court, whatever the outcome. It is therefore important to have considered the pros and cons, and made an informed decision about whether or not to use arbitration before submitting an application form.
One thing to consider is whether any settlement offers have already been made to you by the company. If the final arbitration award is lower than any settlement offer, you may have to pay the other side's registration fee, and even perhaps their costs. This is a bit of a gamble - it is hard to guess what level an arbitration award may be, since these awards are not made public. It is worth getting independent advice from someone with experience in the relevant area.
Once an application has been made for arbitration, an arbitrator is appointed by IDRS from its panel of arbitrators, who are all members of the CIArb.
Many consumer arbitrations are decided on the basis of documents only, so it is important to make sure that you send in all the relevant documents, and all the supporting evidence the arbitrator will need. You will not be allowed to raise any new points once the claim has been submitted.
The arbitrator will not investigate the issue, or contact you to ask for any more information, so it is not enough merely to submit a list of names of witnesses. Any witness statements must be obtained and submitted with the claim. Most important, the claim must demonstrate that there was a breach of some term of the original contract between the company and the consumer. Consumers must also be able to show that they took steps to reduce the loss suffered.
For guidance on submitting a claim, see the guidance notes for each scheme on the IDRS website.
The completed claim form is sent to the company you are complaining about, who can submit a defence. This is sent back to you, so you can respond to the points made in the defence. It is crucial in this response to address all the counterclaims raised by the trader. If evidence submitted by the trader is considered valid by the arbitrator and is not refuted by the claimant, the arbitrator will treat that allegation as true.
The arbitrator is sent the claim and all responses and supporting evidence, and in most cases makes a decision on the basis of the documents only. Sometimes site visits can be arranged, and in some cases a hearing is held.
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Outcomes
If the dispute is dealt with through mediation or conciliation, then it is up to both parties to decide whether or not to accept the agreement. If the parties cannot agree, the dispute will normally go on to adjudication or arbitration, depending on the scheme rules.
If a recommendation is made by an IDRS adjudicator, then it is up to the complainant to decide whether to accept it. If you have made the complaint, and you are happy to accept the adjudicator’s recommendation, then it is binding on the company. If not, you are still able to take the case to court.
If the dispute has gone to arbitration, a written decision (the award) will be sent to the parties, usually within three weeks of the arbitrator having received all the documents. The award states brief reasons and is binding on both parties. In other words, if you remain dissatisfied, you cannot take the claim to court.
The arbitrator can:
- award compensation to the claimant – this might include the registration fee, and possibly an element for distress
- order a party to do or not do something
- order the parties to carry out a contract
- order that a document be changed or cancelled
The arbitrator cannot order one party to apologise to another.
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June 2009
