FER Code of Practice
Appendix E - Guide to Conciliation and Arbitration
1. The object of the
The object of the Conciliation service shall be the settlement of any
dispute or difference referred to the Federation by any customer.
2. How this is achieved
The Federation will act as an impartial third party and endeavour to keep
channels of communication open between the customer and our member. Having
received a Complaint Form
from the customer it will request a review from the member concerned. Having
considered the facts from both parties the Conciliation Service will
then make suggestions as to how the complaint may'" be settled and do
everything possible to bring the matter to a speedy conclusion. It will keep
in close touch with both parties and keep them informed of progress until
the matter has been resolved.
The Federation believes that if a complaint cannot be settled amicably
between the parties then the Conciliation Service is the best alternative.
It should produce a settlement that would be acceptable
to both parties without the need or expenses of further action.
If this process requires an engine or part(s) to be examined by an
engineer, then the cost of that inspection will be borne by both parties.
The findings of the engineer will be made available to both parties and the
evidence produced will be used to establish a settlement of the complaint.
Should it not be possible to settle the complaint through the Conciliation
Service then the Arbitration Service will be offered as a way of bringing
the matter to a conclusion.
1. The Object of the Arbitration Service
Any complaint may be referred to arbitration should the customer so wish.
The objective of
arbitration is to seek a low cost solution to the dispute, without resorting
to litigation. The Arbitration,
Service is completely independent and unbiased in any way.
Federation members shall be expected to co-operate in referring a dispute to
arbitration. Customers must be advised that they have the option of taking
court action. The Arbitration Service shall be governed by the Arbitration
Act of 1966.
2. Arbitration Procedure
a. Parties to arbitration will be asked to pay the fees as laid down by the
service. Costs can be awarded against one party or another depending on the
b. The parties will be asked to sign an application for arbitration, and
send the application, with the
fees, to the Federation.
c. In order to keep costs to the minimum, arbitration will be dealt with on
a documentation submission basis only. In such cases none of the parties to
the dispute may be present or represented by another person.
d. If a party wants to consider going to arbitration they can
request full details of the scheme from
the Federation Secretary.
e. The adjudication of the arbitrator is final and legally enforceable in