Alternative dispute resolution
Alternative dispute resolution (ADR) for service or contract related complaints
CIMA offers an independent ADR service (provided by IDRS Ltd, a wholly owned subsidiary of the Chartered Institute of Arbitrators) for members of the public with service related issues involving a CIMA member in practice in the UK. If a concern cannot be resolved satisfactorily through an accounting firm’s internal complaints procedures, it may be appropriate for it to be considered via ADR.
Service issues usually involve a dispute over contracts and/or levels of service provided by an accountant. This could include unreasonable delay, supplying inaccurate or incomplete information, failing to respond to telephone calls or correspondence, or not carrying out instructions.
The ADR service offers two processes for resolving such concerns – conciliation in the first instance, followed by arbitration if conciliation has been unsuccessful. If the dispute does not refer to a service issue, it may be more appropriate to make a complaint.
ADR is only available regarding UK CIMA members who are members in practice (i.e. offering any accounting services to a person who is not their employer) and not over disputes involving members in business or registered students.
Conciliation…
- is an independent scheme designed to minimise costs and to encourage agreement between parties
- is a private, structured form of negotiation between parties, assisted by an independent conciliator who tries to find a mutually acceptable solution
- starts when the agreement of both parties has been received
- is paid for by CIMA (some extra costs, such as photocopying, are borne by the parties: see conciliation service rules below for details)
- takes four weeks from the receipt of an application (with the agreement of both parties) to confirmation of the outcome.
Making an application
If you wish to pursue ADR, please read the conciliation scheme rules (PDF 45KB) and complete and return the designated application form (PDF 51KB) to:
IDRS Ltd
24 Angel Gate
City Road
London EC1V 2PT
Arbitration
In the event that a dispute is not resolved by conciliation, you will be offered the option of going through arbitration. The arbitration scheme is designed to allow parties to present their case without the need for legal representation.
Arbitration…
- usually operates as a documents-only procedure designed to offer quick and cost-effective decisions where the matters are not too complex, but it can involve an oral hearing
- does not apply to disputes where one or other of the parties has initiated legal action, unless that action is suspended or discontinued by agreement or by order of the court
- starts when the agreement of both parties has been received
- incurs a registration fee of £175 plus VAT payable by each party to the administrator when an application for arbitration is submitted. Other costs and fees are paid for by the parties as directed by the arbitrator in the award (see arbitration rules below for details)
- takes 42 days from the receipt of all relevant case papers (documents-only) or from a hearing for any award to be made
- is legally binding on all parties
- means that no legal proceedings may be brought by any party against any other for recovery of other costs incurred during the arbitration.
Please see the arbitration scheme rules (PDF 68KB) for further information about this service.
