In the event of any dispute arising between a Customer and the Company as regards the products sold and services provided by the Company to the Customer, in the event that such dispute cannot be resolved through the Complaints procedure, it shall be resolved by way of the following dispute resolution procedure:
- The parties shall attempt in good faith to resolve any dispute or claim promptly through negotiations in good faith.
- In the event of any dispute arising between the parties that cannot be settled by negotiation, the parties will in good faith seek to resolve that dispute through mediation. The Company shall refer the matter to CEDR Dispute Services.
- The parties to the dispute shall thereafter follow the procedure and guidance of CEDR in referring the matter to a mediator and will co-operate with the mediator and the mediation service to resolve the dispute, if possible.
- If the dispute is not resolved by mediation the dispute shall be referred to arbitration in accordance with the rules of the Chartered Institute of Arbitrators (London), whose rules are hereby incorporated into this procedure.
- The decision of the Arbitrator shall be binding on all parties and it is agreed that should a party refer the matter to the Courts, this agreement to arbitration and the Arbitrator’s decision shall be adduced in any subsequent Court proceedings.
- The costs of Mediation and/or Arbitration will be shared equally between the parties unless a mediator/arbitrator deems otherwise, which (s)he shall have the power to do, if deemed appropriate.
- The referral of this dispute to Mediation or Arbitration does not affect the parties’ rights that may exist under Article 6 of the European Convention of Human Rights. If the dispute is not settled by mediation or determined by arbitration the parties’ rights to a fair trial remain unaffected and neither party is prevented from issuing proceedings.
- A refusal by either party to attempt to resolve the dispute by or to fully partake of mediation and/or arbitration may be founded upon by the other in any subsequent proceedings.
Both parties agree that the right to seek and obtain injunctive relief and/or to issue and pursue proceedings for non-payment of products or services is expressly excluded from the requirement to adopt ADR.
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