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Some businesses, may be a member of a trade association that follows certain rules. If you’re not satisfied with a business’s response to your complaint, you might get help from the association. In addition, some consumers groups and other organizations develop and administer voluntary procedures that fall outside of traditional government oversight. These programs may help resolve your complaints with the business.
Some online businesses are part of "seal" or "trustmark" programs that certify a business meets certain minimum standards. You may find that the program offers protections like a money-back guarantee or dispute resolution services.
Seal Insurance Programs: Some seal or trustmark providers offer insurance programs through which you can get your money back if you don't get the products or services you ordered. So, if you are unable to resolve a problem with a business, contact their seal or trustmark provider directly to see if they offer a money-back guarantee.
Alternative Dispute Resolution Services: Other seal programs offer alternative dispute resolution ("ADR") services where a third party helps resolve the dispute. The seal service requires their businesses to participate in and abide by the outcome of the ADR process. If a business refuses to participate in the ADR process, it may lose its seal certification.
Some businesses engage in self-regulatory conduct through codes of conduct adopted and enforced by trade associations or other private organizations. For example, there are associations or organizations that deal with best business practices or accuracy of advertising claims. These trade associations or private organizations may have programs to help resolve individual complaints by working with the seller.
Many consumers and businesses use dispute resolution programs instead of going to court. This is an option where a neutral third party assists in finding a solution. Dispute resolution programs can be quicker, cheaper, and less stressful than going to court.
Many dispute resolution programs are voluntary, so you decide whether to use them. But in some countries, a court might order you to try mediation or arbitration. Some companies require you to use arbitration for disputes and give up your right to go to court. Some companies require you to use arbitration for disputes and give up your right to go to court. Check your contract or product packaging to see what a business requires. Popular types of alternative dispute resolution (ADR) include mediation, arbitration, and automated negotiation.
In mediation, a neutral third party helps you and the other party try to resolve the problem. However, it's up to you and the other party to reach an agreement.
Arbitration is less formal than a court proceeding, though you and the other party may participate in hearings, present evidence, or call and question each other’s witnesses. These hearings may occur online, either through a web-conferencing program, or just through written submissions. Unlike mediation, an arbitrator or panel makes a decision or award once you’ve presented your case. The decision may be legally binding.
WHAT QUESTIONS SHOULD YOU ASK BEFORE CHOOSING A PARTICULAR FORM OF ADR?
If the terms and conditions of your purchase do not limit your ADR options, you may be able to initiate the ADR proceeding yourself. Contact and compare several ADR programs to find the one that best suits your needs. Before choosing a program, you should ask the following questions:
Have you tried to resolve the program directly with the business? Usually, the best first step is to contact the seller directly.
What remedy would satisfy you? Clearly identify what solution would be acceptable to you. Remember to be flexible. You may need to compromise.
Does the provider adhere to a code of conduct or guidelines? An ADR provider may refer to a set of guidelines or a code of conduct. Usually this means that the ADR has voluntarily agreed to respect certain rules. Check the website of the ADR provider for details.
What are the costs of the ADR program? Some programs are free. Others charge a flat fee or a rate based on your ability to pay.
What is required and how long will it take? Read the specifics of the program to ensure you have the technology and time to comply with the program. Most ADR programs should be faster than a court proceeding. Depending on the form of ADR and the specific program you choose, the processes may range from exchanging emails to all parties participating in a video conference.
How confidential is the program? Find out if the program guarantees confidentiality. Mediation generally is confidential; arbitration sometimes is. If confidentiality is important to you, make sure you get the specifics before committing to the program.
How neutral is the program? To get a sense of neutrality, ask who pays for it and whether it is administered by an independent agency.
Are you willing to be bound by the outcome? Mediation generally is non-binding; arbitration may be binding on the company, both parties, or neither. If the outcome is binding, you will not be able to sue the company in court even if you are unhappy with the outcome. In some countries, consumers are not allowed to give up their right to go to court.