Section 301
1(1)The ADR provider provides consumers generally with accessible information about the ADR that it carries out or for which it makes special ADR arrangements.
(2)The information provided should include (among other things) information about—
(a)the kinds of ADR it carries out or for which it makes special ADR arrangements (including the possible outcomes of each kind);
(b)the types of dispute it deals with (whether by carrying out ADR or making special ADR arrangements);
(c)the procedures adopted in relation to ADR carried out by it or for which it makes special ADR arrangements;
(d)any fees or costs payable by either party to a dispute that is referred for ADR.
2The ADR provider does not unreasonably refuse to carry out ADR or, as the case may be, to make special ADR arrangements, in relation to disputes referred to it.
3The ADR provider has appropriate knowledge and skills—
(a)for carrying out the ADR that it carries out, in relation to the disputes it deals with, or
(b)for making the special ADR arrangements that it makes.
4(1)The ADR provider provides accessible means for consumers to refer disputes to it.
(2)The ADR provider or, as the case may be, any other ADR provider with whom it makes special ADR arrangements, ensures there are accessible means for the parties to participate in the ADR carried out in relation to their dispute.
5(1)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.
(2)The procedures adopted should, in particular, be easy to use, transparent, non-discriminatory and effective.
(3)They should include procedures for securing that each party to a dispute referred for ADR—
(a)has a reasonable opportunity—
(i)to express its point of view in relation to the matters in dispute and the outcome it seeks;
(ii)to consider the views, arguments and evidence put forward by the other party;
(b)is entitled to be represented or assisted by another person (and that it is immaterial whether or not that person is legally qualified).
6(1)The ADR provider or, as the case may be, any other ADR provider with whom it makes special ADR arrangements, acts independently and impartially before, and while, it carries out ADR.
(2)The action to be taken should include—
(a)following appropriate procedures for identifying, and avoiding, any conflict of interest before carrying out ADR in relation to a dispute;
(b)taking steps to avoid conflicts of interest that may arise before, or while, it carries out ADR in relation to a dispute.
7(1)The ADR provider or, as the case may be, any other ADR provider with whom it makes special ADR arrangements keeps the parties to a dispute informed about the conduct and progress of any ADR being carried out.
(2)The action to be taken includes notifying the parties promptly in writing of the outcome of the ADR and, where applicable, of the grounds on which any decision has been reached.
8The following provisions have effect for the interpretation or application of this Schedule.
9The accreditation criteria only apply to the ADR provider so far as it is reasonable to regard them as applicable—
(a)in relation to ADR of a kind that is carried out by the ADR provider or, as the case may be, by any other ADR provider with whom the ADR provider makes special ADR arrangements, or
(b)in relation to activities of the ADR provider in, or in connection with, making special ADR arrangements.
10“Procedures”, in relation to ADR, means any rules, requirements or practices relating to the carrying out of ADR, including—
(a)any time limits for referring disputes for ADR;
(b)any conditions or other requirements to be met by either (or both) of the parties before, or while, ADR is being carried out;
11“Dispute” means a consumer contract dispute.