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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 July 2015 - onwards

Regulation 11 Expertise, independence and impartiality

(1) An ADR entity shall ensure that a natural person who is in charge of ADR shall possess the necessary expertise and be independent and impartial.

(2) A natural person referred to in paragraph (1) shall:

(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law;

(b) be appointed for a term of office of sufficient duration to ensure the independence of his or her actions, and not be liable to be relieved from his or her duties without just cause;

(c) not be subject to any instructions from either party or the representatives of the parties;

(d) be remunerated in a way that is not linked to the outcome of the procedure; and

(e) disclose without undue delay, to the ADR entity -

(i) any circumstances that may, or may be seen to, affect his or her independence and impartiality or give rise to a conflict of interest with either party to the dispute that the natural person concerned is asked to resolve; and

(ii) throughout the ADR procedure, the circumstances referred to in clause (i).