Fast Track Paper Only Arbitrations.
The primary function of POA's is to settle consumer / commercial supplier disputes. The cost of the arbitration is borne by the commercial supplier and may be covered by an insurance policy. An NADR Standard Form Term is incorporated into the contract of sale or supply which gives the consumer the right to submit a dispute, about the goods or services supplied, to a POA. Consumers' statutory rights to litigation are unaffected by the POA provision. However, since the service is offered free to the consumer it is a very attractive way for the consumer to settle the dispute. The consumer must first seek to settle the dispute through negotiations with the commercial supplier and follow the supplier's standard complaints procedure. In the unlikely event that this fails to solve the problem the consumer may then submit the dispute to arbitration.
||The NADR Dispute Resolution Protected Seal of Approval
Commercial suppliers who incorporate a NADR Paper Only Arbitration Clause into their sale and supply
contracts are entitled to display the NADR Dispute Resolution Protected Seal of Approval on products and in advertising materials.
The great value of being part of such a dispute resolution system is that the Dispute Resolution Protected Seal of Approval provides potential consumers with an assurance that the commercial supplier is reputable and that the supplier is committed to providing high quality services. It is an ideal dispute resolution system for domestic service providers, Mail Order Companies and Internet Distributors.
The POA Process.
The parties submit written claims, defences, counterclaims and legal submissions to the arbitrator along with expert reports and supporting evidence. Submission may be made to the NADR POA Centre by land mail, e-mail or fax. Where appropriate NADR will arrange and supervise any necessary exchanges of documentation. At an appointed time, the arbitrator goes through all the paperwork, makes a decision and publishes a reasoned award. Whilst there is no opportunity at a paper only arbitrration to make oral pleading and to engage in cross-questioning, the low cost of the arbitration, particularly for the consumer, is attractive.
The POA process is fully supported by advisory documentation. The average consumer can follow the process without the need for legal representation.