tag:blogger.com,1999:blog-3993498847203183398.post7403223769351545771..comments2024-03-28T09:19:27.451+00:00Comments on RevK<sup>®</sup>'s ramblings: Non ADRRevKhttp://www.blogger.com/profile/12369263214193333422noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-3993498847203183398.post-79052154139548592062012-03-16T15:23:05.818+00:002012-03-16T15:23:05.818+00:00I'd be interested to hear your opinion on this...I'd be interested to hear your opinion on this - courts are often reluctant or unwilling to take a case if "reasonable" effort hasn't been exercised to exhaust other methods of resolution prior to filing a claim with the court. Since ADR is a statutory mechanism intended for exactly that (albeit at least partly dysfunctional based on your experience), would the court take issue with the fact that you've intentionally encouraged the customer to skip that step? I think I think I'd be more confident in a court's ability to decide fairly, so I completely appreciate your point of view, but would a court see it that way?deebeehttps://www.blogger.com/profile/08329612063104260550noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-86653609830611479712012-03-15T03:01:45.932+00:002012-03-15T03:01:45.932+00:00Maybe the offer should be that we will pay £50 to ...Maybe the offer should be that we will pay £50 to a charity of your choice too? Would that work better?RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-2976826285928389952012-03-15T03:00:48.583+00:002012-03-15T03:00:48.583+00:00Indeed, the idea is that, if we have to pay for ca...Indeed, the idea is that, if we have to pay for cases that get to that stage anyway, the customer may as well get benefit from that rather than the arbitrator, and it may get some way over the "scary" hurdle.<br /><br />I am also not saying we will accept every case, so if a case really was frivolous I could just say "fine, got to ADR".<br /><br />My problem is that if you have managed to make a convincing enough case, going to ADR costs me £335 regardless, so for now, offering £100 is cheaper for cases getting to that stage.<br /><br />If it does not work, we'll change the offer, or withdraw it.RevKhttps://www.blogger.com/profile/12369263214193333422noreply@blogger.comtag:blogger.com,1999:blog-3993498847203183398.post-21626833478741413072012-03-14T21:43:29.876+00:002012-03-14T21:43:29.876+00:00I can see your thinking here - although as I under...I can see your thinking here - although as I understand it, the whole point of ADR is because courts are "scary". Making it free doesn't fix the "scary" bit - and if the claimant's heard that ADR seems to offer a payout even when AAISP's done nothing "wrong" per se, then there's still little incentive to go to court instead.<br /><br />The £100 minimum is "interesting" too - if I was leaving and feeling at all mischievous, I could create a frivolous claim, wait 8 weeks, file a court claim, withdraw it and get a minimum £100 (minus initial filing costs)! My final few weeks would be free that way!tgbhttps://www.blogger.com/profile/00311249746653811634noreply@blogger.com