Paragraph 5 Criterion 5: fair ADR proceduresI1I2
United Kingdom
The ADR provider or, as the case may be, any other ADR provider with whom it makes special ADR arrangements, adopts and follows fair procedures in carrying out ADR.
The procedures adopted should, in particular, be easy to use, transparent, non-discriminatory and effective.
They should include procedures for securing that each party to a dispute referred for ADR—
has a reasonable opportunity—
to express its point of view in relation to the matters in dispute and the outcome it seeks;
to consider the views, arguments and evidence put forward by the other party;
is entitled to be represented or assisted by another person (and that it is immaterial whether or not that person is legally qualified).
Annotations
Commencement
- I1
Sch. 26 para. 5 not in force at Royal Assent, see s. 339(1)
- I2
Sch. 26 para. 5 in force at 6.4.2026 by S.I. 2026/284, regs. 1(2), 2(1)(4)