CEDR is a CAA certified Alternative Dispute Resolution (ADR) Body for the aviation industry which can adjudicate disputes between passengers and airlines that have not been resolved by an airlines own complaints procedure and the only other option is legal proceedings. In line with UK Government requirements that came into effect in October 2015, the CAA requires all airlines operating to and from airports in the United Kingdom to tell passengers about ADR if the customer remains dissatisfied after exhausting the airlines complaints procedure.
The CAA was appointed as the industry ‘Competent Authority’ as part of the Alternative Dispute Resolution for Consumer Disputes (Competent Authorities and Information) Regulations 2015 and it has stated in its 2015 policy document (CAP1286) that it intends to end the Passenger Advice and Complaints Team (PACT) service in due course in order to concentrate on the role of Competent Authority.
We will be providing an adjudication service to resolve disputes currently covered by PACT. Adjudication is a documents only form of ADR in which a professional adjudicator considers statements and evidence provided by the customer and the company in order to reach an judgment on the dispute and issue a written decision. The adjudicator will take into account the law relevant to the subject matter of the dispute at hand and will also have access to guidance from a technical panel of aviation experts as required.
The adjudicator’s decision will be binding upon both parties if the customer chooses to accept the outcome. If the customer chooses not to accept the decision, the process will have no effect on either party and the matter is closed. The entire process is completed inside the 90 day limit required by the CAA in line with UK legislation and in many cases the process is considerably quicker. The service also allows airlines the option to settle disputes once they have seen a fully articulated claim submitted by the passenger at a considerably reduced service cost.
If the passenger's claim fails completely they are required to contribute a nominal fee (£25) towards to the cost of the adjudication which is in line with current CAA policy. All claims with an element that relates to disability rights will be exempt from the £25 charge if the claim is not successful.
Adjudication is a tried and tested method of ADR which is being used successfully by CEDR in collaboration with organizations in many industries including construction, lotteries, telecommunications, postal services and for the water & sewerage industry. A full list of the ADR services currently being provided by CEDR is available on request.
Pelase contact our Director of Dispute Resolution Services:
T: 0207 536 6056