AP.PD.001.INT ADR Platform Rules for handling conflicts, disputes & complaints V3 March 2024

Modified on Mon, 25 Mar at 2:51 PM

0.GENERAL PROVISIONS

  1. To this document applies: document 
    1. GNG.RD.009 General clauses for all documents.
  2. The foregoing document is hereby marked as repeated and inserted.


1.OBJECTIVE

  1. ADR Platform aims to:
    1. Promoting and implementing Appropriate Dispute Resolution (ADR) (formerly: Alternative Dispute Resolution) and Online Dispute Resolution (ODR) worldwide
    2. Advising individuals, companies, organizations, and governments on the prevention, identification, handling, management, and resolution of complaints, disputes, and conflicts based on ADR/ODR procedures and techniques
    3. Resolving conflicts, disputes, and complaints independently using ADR/ODR
    4. Handling disciplinary cases independently including imposing disciplinary sanctions
    5. To this end, establish, manage, and keep available independent ADR/ODR chambers as well as participate in similar organizations and initiatives. 


2.APPLICATION

  1. These regulations apply to practitioners, organizations, governments (including those affiliated with organizations and governments such as members, registered/certified persons, employees) who have an agreement with ADR Platform or are part of Global Network Group.
  2. Conflicts, disputes and complaints may be filed by:
    1. Natural persons
    2. Legal entities 
    3. (Non) practitioners 
    4. Governments   
    5. Branch-, trade and professional bodies, if the status is apparent from the articles of association 
    6. Global Network Group 
    7. Other stakeholders, at the discretion of ADR Platform


3.INDEPENDENT - IMPARTIAL

  1. ADR Platform is independent and impartial.


4.DISPUTE BOARD ADR PLATFORM (DBAP)

  1. ADR Platform runs the DISPUTE BOARD ADR PLATFORM (DBAP).
  2. DBAP is designated as a committee with its own working board appointed by ADR Platform. The reference document GNG.PD.003 (rules for committees) applies.
  3. Appointed as working board are:
    1. Mr. H.A.G. (Gjalt) Schippers, chairman (lawyer) (effective Oct. 1, 2021)
    2. Ms. A. (Anne) Abbenes, member (effective October 1, 2021)
    3. Mr. A.J. (Aad) van Dam, member (effective October 1, 2021
  4. DBAP performs the work independently, independently, impartially, and without charge or consultation.
  5. DBAP is charged with and authorized to:
    1. The implementation of these regulations
    2. Anonymously publishing and (scientifically) reviewing all DBAP activities
    3. Advising Global Network Group on corrective and preventive actions related to the certification schemes ADR Register, EMCI Register (to the extent not notified /accredited), and ICR Coach Register.
    4. Appointing
      1. Arbitrator(s) and arbitration committee(s)/board(s).
      2. Advisors and advisory committee(s)/board(s)
      3. Mediator(s)
      4. Disciplinary practitioner(s) and disciplinary committee(s)/board(s)
  6. The working board and its individual board members may be appointed as
    1. Advisor and member of an advisory committee
    2. Mediator
    3. Disciplinary practitioner and member of a disciplinary committee
  7. ADR Platform and DBAP are bound to confidentiality and secrecy without prejudice to the right to publish and review anonymously as referred to in Article 4.5.
  8. ADR Platform is ultimately responsible, liable, and indemnifies DBAP and the working board.  
  9. ADR Platform may overturn or suspend a DBAP decision if a deviation from these regulations or otherwise a process or procedural error is found.  


5.SUBMITTING

  1. Submission of a dispute, conflict, and complaint should be made in writing by letter, email, or (contact) form.

  2. The submission has assignment status.

  3. The submission shall include at least:

    1. A description of the issue

    2. The overview of organizations, governments, and individuals involved

    3. The (intended) procedure of settlement (see Article 6)

    4. The indication of whether the other organizations, authorities, and persons involved are familiar with the submission and agree to the (intended) procedure of settlement

  4. ADR Platform:

    1. Records the day of receipt of submission

    2. Informs DBAP

    3. Acknowledges receipt of submission by email to parties

  5. Anonymous submission is not allowed.

  6. Submission is not possible if the submitter has not, or has not fully, paid the invoices of the service providers involved with respect to the matter, unless these invoices are still paid in full or a guarantee deposit is made for this purpose. Further conditions may be attached to a guarantee deposit by ADR Platform and DBAP. These conditions will be communicated in writing to the parties involved.


6.PROCEDURES

  1. DBAP distinguishes the following settlement procedures:
    1. Arbitration
    2. Binding opinion (binding advise)
    3. Mediation
    4. Disciplinary Law 


7.APPOINTMENT

  1. Within two months after submitting, DBAP shall make a nomination to the Parties for the appointment of the:
    1. Arbitrator(s) or arbitration board
    2. Advisor(s) or advisory committee
    3. Mediator(s)
    4. Disciplinary practitioner(s) or disciplinary committee
  2. DBAP aims to establish the initial nomination through consultation with the parties.
  3. Parties have the right to refuse the nomination. In case of refusal, DBAP will make a new nomination. The number of nominations is limited to three. The submission is inadmissible at three rejected nominations.
  4. DBAP appoints.
  5. A committee consists of at least three members and is balanced in composition.
  6. A committee shall independently appoint a chairman and a secretary from among its members.
  7. The chair of a committee should preferably be a lawyer.


8.HANDLING

  1. No requirements have been determined with respect to lead time.
  2. The matter will be dealt with based on the principles of adversarial proceedings. 
  3. The parties are given the opportunity to explain their positions as well as to take note of each other's positions. 
  4. The parties will be invited to a meeting on a hearing date to be determined by the appointed officers or committee. 
  5. The purpose of the meeting is to give shape and substance to the settlement procedure and to give the parties an opportunity to provide further information and oral explanations. 
  6. The meeting may be on-site, online or by phone. 
  7. In appropriate cases, written explanations by the parties and waiving a meeting will suffice.
  8. The appointed officers or committee decide independently.
  9. The committee decides based on the principle of simple majority. The issue can only be considered by a full committee. 
  10. Within 1 calendar month of the decision, the opinion, settlement agreement, judgment, or verdict is prepared and emailed to the parties.
  11. Parties may request that the opinion, settlement agreement, judgment, or award be supplemented, set aside, or modified. 
  12. The request should be filed with DBAP within 1 calendar month from the date of the document in question. 
  13. DBAP decision regarding the request and follow-up procedure.
  14. DBAP will inform the parties by email no later than 1 calendar month after receipt of the request.


9.COST

  1. DBAP sets the costs and charges.
  2. An advance payment is required. Advance payments will be deducted from the final invoice.
  3. The opinion, settlement agreement, judgment, or verdict determines cost sharing, if applicable.
  4. In special situations, at the discretion of ADR Platform and DBAP, costs may be mitigated.
  5. Rates are set as follows:
    1. If consumers
      1. Fee: euro 100, - per hour per person
      2. Travel costs and time: euro 0.50 per kilometer per person 
      3. Other costs: passed on at cost price + euro 35,- administration costS
    2. If company, organization, government
      1. Fee: euro 150 per hour per person
      2. Travel costs and time: euro 0.75 per kilometer per person 
      3. Other costs: passed on at cost price + euro 35,- administration costs
  6. In disciplinary proceedings, the petitioner pays a disciplinary charge of euro 250. The amount must be received by ADR Platform/DBAP before the matter is dealt with. If the petitioner is wholly or largely (75% or more) vindicated the amount will be refunded. 
  7. In disciplinary proceedings, the costs are borne entirely by the defendant. If the petitioner is entirely unsuccessful, the disciplinary charge is deducted from the total costs. 
    1. Explanation
      1. The costs of disciplinary proceedings can be claimed by the defendant from his/her professional or business liability insurance. Generally, the insurance also provides legal aid as part of the policy terms. 
      2. If the defendant does not have such insurance or if the insurance company denies the claim, the defendant is required to pay the costs from his/her own resources. If the defendant fails to meet his/her obligations, suspension or expulsion will follow.
      3. The advice is - to the extent there is no obligation to do so from certification requirements - to maintain professional and business liability insurance, preferably including legal aid, so that the costs of disciplinary proceedings and legal aid are covered.
  8. All rates are exclusive of Dutch VAT, where applicable.


10.OTHER PROVISIONS

  1. ADR Platform and DBAP have independent jurisdiction if these regulations do not or incompletely regulate anything, or if a problem arises in the application of these regulations. If in such a situation ADR Platform, DBAP and the parties involved cannot reach an agreement, mediation should be tried before the matter may/can be submitted to the competent court.
  2. ADR Platform's liability is limited to the total invoice amount charged in the matter at hand. 
  3. By submitting (Article 5), the parties agree to these rules.
  4. In multilingualism, the Dutch language is preferred.
  5. Only Dutch law applies.

 

ANNEX 1: DISCIPLINARY LAW GLOBAL NETWORK GROUP

 

The reference document AP.PD.002 (Disciplinary Law Global Network Group) applies to disciplinary cases involving Global Network Group certified practitioners.

 

ANNEX 2: WKKGZ

 

The reference document AP.PD.003 (WKKGZ) is applicable to all issues handled against the Dutch Act on Quality of Complaints and Disputes in the Healthcare Sector (WKKGZ).

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