dispute resolution service

Our Association's Dispute Resolution Service is a member benefit offered to Accredited Contractor and Designer members who can use the free mediation service.

When you engage either an Accredited Contractor and/or Accredited Designer it is reassuring to know that, should a dispute arise from the work they have been asked to undertake, both parties have the support of a professional trade association. This ensures lines of communication remain open and there is a third party to turn to who can help mediate on areas of concern.

                                 Northumbrian Landscaping

                                Accredited Contractor Northumbrian Landscaping

Points to note

  • Association membership does not provide insurance cover for any potential or actual liability that may arise as part of a dispute.
  • If legal advice has been sought, legal proceedings commenced or any form of third-party investigations have been instigated by the client or member prior to the Association's involvement, the Association will not become involved in any aspect of the dispute.
  • The process cannot guarantee complete satisfaction where the client has unjustified cause for complaint or where either party has unrealistic expectations.
  • The member must have been an active member at the time the work was carried out.

                                Frost Landscape Construction

                               Accredited Contractor Frosts Landscape Construction

The process

  1. The client must first submit a completed Client Resolution Form, together with the appropriate supporting evidence.

  2. Once received by the Association, the evidence is copied in its entirety, and forwarded, together with a Member Resolution Form, to the member, who has 14 days in which to respond. For transparency this response will then be sent to the client, however following this no further evidence may be submitted by either party unless requested by the Association.

  3. Our staff undertake a desk review of the client’s complaint and the member's defence material. No site visit to inspect works is available as part of this free process.

  4. Following this review, a case is put to the British Association of Landscape Industries' Resolution Committee, which is chaired by the Chief Executive and comprises the Technical Officer and an industry expert with experience and expertise appropriate to the nature of the complaint.

  5. The Resolution Committee’s findings and recommendations are then compiled and sent to the client and member, giving the client 14 days to respond. Whilst the recommendations are not legally binding for the client, the Association requires its members to comply with remedial works or actions suggested in the report. Failure to do so may result in expulsion from the Association.

  6. If the Resolution Committee’s recommendations are rejected by the client, independent third-party adjudication by an expert witness is available. This is not part of the free service offered by the Association, and engagement of a third party by the client or member represents the end of the Association's involvement. The Association will supply a list of expert witnesses to the client and member before withdrawing from the dispute entirely. It is the decision of the client and member as to whether they use the services of an expert witness.

  7. The client or the member is still free to pursue the matter through litigation. In such cases, it is likely the court will consider the verdict of the Resolution Committee and any other expert report.

Contact 

If you would like further information about the process or speak to a member of staff please contact Senior Membership Officer Jo Todd via email Jo.Todd@bali.org.uk or call +44(0)24 7669 8658.