The listed officials are appointed by bacta ADR Service to oversee the dispute resolution process, whether in a management capacity or as case handlers. Bacta ADR Service ensures, to the best of its ability, to be open and transparent in order that stakeholders can have confidence in the decision-making and management processes of the entity.
Bacta ADR Service is satisfied that the listed officials possess a good understanding of the law and the necessary knowledge and skills relating to resolution of consumer disputes, in order to be able to conduct their functions appropriately.
Listed officials discharge their duties without bias to a party in dispute or their representatives and disclose any circumstances that may, or appear to, affect their impartiality or independence, or give rise to a conflict of interest with a party to the dispute. In the event of a conflict of interest arising, both parties will be notified in writing to this effect and the case will be passed to an alternative case handler for action. If a case handler cannot be replaced by another, the case handler will refrain from managing the ADR procedure and will, wherever possible, propose to the parties that they submit the dispute to an alternative ADR entity, which is competent to deal with it.
Bacta ADR Service’s case handlers may refer cases to bacta ADR Service’s Independent Review Panel to assist in the process of adjudication in instances where more specialist advice is sought.
Bacta ADR Service ensures that parties to a dispute may express their points of view, and may request sight of, and opportunity to comment on, evidence, documents, arguments and facts put forward by the other party to the dispute.
Listed officials are not remunerated in a way that is linked to the outcome of the ADR procedure; there is an independent accounting structure to enable listed officials to carry out their functions in an impartial manner.
The term of employment for listed officials is for a duration which is sufficient to ensure the independence of their actions.
Bacta ADR Service cannot relieve an ADR listed official of their duties without just cause.
Bacta ADR Service’s budget is strictly ring-fenced in the event of listed officials being employed or remunerated by a professional organisation or business.
Bacta ADR Service endeavours to maintain a balanced number of listed officials, representative of both consumer interests and trader interests.