Frequently Asked Questions - 3. The FDRS process

No. An outcome from a dispute may include some monetary compensation, but can also be other things, such as an apology or that a member changes a business practice

FDRS cannot give legal advice because it must remain independent of all parties.

Yes. The information provided to FDRS will only be used in your dispute. It may be shared with the other parties in the dispute, but not with anyone else.

However, FDRS is able to make its final recommendation public, and also has the authority to direct a scheme member to make a public apology as a remedy to a complaint that is upheld.

A complaint does not need to be made to FDRS before being taken to the courts. However a dispute that has been taken to court or is in the process of being considered by the courts cannot then be brought to FDRS.

If the consumer disagrees with the final outcome from the FDRS process the dispute can still be taken to the courts.

No, a consumer does not have to accept any decision FDRS makes. The complaint can be taken to court, the Disputes Tribunal, or any other complaint resolution body. FDRS cannot however look into a complaint that is currently being considered by a court.

Not as such.  Most disputes can be dealt with by way of facilitation or mediation by email and/or discussions via telephone or video conference.

Sometimes it may be appropriate to conduct  medaitions or conciliations in person. The Mediator will arrange this.

Adjudications are conducted "on the papers" -there is no one on one meeting with the Adjudicator. The Adjudicator issues a provisional decision, with an appropriate timeframe for response from parties before issuing a final, and binding (on the schem member)  decision.