ADR for non members
Discussion
Hi all,
We are currently in a bit of a messy dispute with a trader. We've both agreed to mediation, but as they're not a member of a trade body, I am finding it difficult to find a mediator who will mediate the dispute.
Has anyone been down this route before? Did you manage to find a mediator?
He is threatening to go to court who will provide mediation, but it's in the best interests to hold mediation before it gets there.
Thanks.
We are currently in a bit of a messy dispute with a trader. We've both agreed to mediation, but as they're not a member of a trade body, I am finding it difficult to find a mediator who will mediate the dispute.
Has anyone been down this route before? Did you manage to find a mediator?
He is threatening to go to court who will provide mediation, but it's in the best interests to hold mediation before it gets there.
Thanks.
I suspect the OP's other thread might give some context
https://www.pistonheads.com/gassing/topic.asp?h=0&...
https://www.pistonheads.com/gassing/topic.asp?h=0&...
In the absence of an official mediator, you could look to engage an industry professional to provide an independent report on the issue. and invite the other party to engage their own independent professional for their own report. Or suggest a list of said people and offer to split the cost 50/50 with the tradesperson for a report. Then the outcome of that report can allow you both some independent insight into the issues raised.
It may be worth looking for some of the larger companies in your area who can send someone with significant experience rather than sole traders and who has experience in quoting and snagging jobs - thinking a level up from your normal tradesperson and manager/director level.
The report could also detail how many hours of work they think it would be to get to that stage and how many they would estimate to get it to an acceptable point.
Based off that report then both sides can consider their position.
Or if the other party isn't particularly forthcoming just commission your own report as per the above, but I'd ensure that whoever I picked was independent and not someone who I had any ties to. If it goes your way, you send them a copy of the report, and what you want to make the problem right. They are then free to take legal action at that point, but they would then know what you planned to use as evidence if it went legal and you can probably provide that information to the small claims mediator also.
A few options there I feel, especially given your recent post for context.
It may be worth looking for some of the larger companies in your area who can send someone with significant experience rather than sole traders and who has experience in quoting and snagging jobs - thinking a level up from your normal tradesperson and manager/director level.
The report could also detail how many hours of work they think it would be to get to that stage and how many they would estimate to get it to an acceptable point.
Based off that report then both sides can consider their position.
Or if the other party isn't particularly forthcoming just commission your own report as per the above, but I'd ensure that whoever I picked was independent and not someone who I had any ties to. If it goes your way, you send them a copy of the report, and what you want to make the problem right. They are then free to take legal action at that point, but they would then know what you planned to use as evidence if it went legal and you can probably provide that information to the small claims mediator also.
A few options there I feel, especially given your recent post for context.
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