Better conflicts, Better outcomes, Better world

Independent Reviewer – Terms of Reference
Introduction
The Independent Reviewer (“the Reviewer”) plays a very important part in ensuring that CEDR
is able to fulfil its obligations to customers and users of the dispute resolution services it
provides and that it consistently acts in a fair, considerate and effective manner, complying
with the service performance standards it has set and published for this purpose. The
Reviewer is appointed by the Director of Dispute Resolution Services and publishes an annual
report on complaints received.
Terms of Reference
1.

The Reviewer may only consider user complaints about the performance of theCompany’s staff and / or about customer service if they have not been resolved by
our internal complaints review procedure. A complaint may be referred to theReviewer by the complainant or a Director of the Company, who may notunreasonably refuse to make such a referral.

2.

The Reviewer cannot consider any complaint, or element of a complaint, which
relates to the performance of any Neutral* appointed by the Company to conduct orassist in the resolution of any dispute, or a complaint about any award, decision ordetermination made by such a Neutral; nor can the Reviewer make any decision
which may change the effect of any such award, decision or determination. (Note: A
Neutral is an arbitrator, mediator, adjudicator or other professionally qualified
individual appointed by the Company to deal with a dispute)3.

The Reviewer cannot consider any complaint or issue arising from a contract orcommercial transaction between the Company and any other organisation.

4.

The Reviewer cannot consider any issue relating to a contract of employment
between the Company and any individual. Also, the Reviewer cannot consider any
complaint arising directly from any business or operational decisions made by theCompany.

5.

The Reviewer cannot consider complaints about, or challenges to, the content orvalidity of the policy, procedures or Scheme Rules of any of the consumer redress
services the company provides, although they will be able to offer any suggestions
for improvements they deem appropriate.

CEDR Services Ltd.

T: +44 (0)20 7520 3800

100 St. Paul’s Churchyard,

W: cedr.com/consumer

London EC4M 8BU

E: applications@cedr.com

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Registered in England & Wales: 3271988

6.

When a complaint is referred to the Reviewer for investigation, the Reviewer shallhave access to all related files, computer records and persons relevant to theinvestigation, subject only to compliance with the provisions of the Data Protection
Act 2018. The Reviewer shall have complete freedom to decide how to assess thecomplaint, but will normally be expected to report the outcomes and to produce a
final recommendation / report within 30 working days of referral (please note that
this timeframe may be exceeded in certain circumstances).

7.

If the Reviewer decides that a complaint should be upheld then they may requirethat the Company make an apology, or take some other corrective action and / or
pay appropriate compensation, or equivalent to that which a neutral would award
against a firm in similar circumstances, for distress or inconvenience to the person ororganisation making the complaint.

8.

The Reviewer can consider cases if they are concerned that an identified
administrative error or failing could have had an impact on the outcome of thatcase. At their discretion, the Reviewer can recommend action to rectify or address
such matters.

9.

Except where it contains an obvious error, which may be identified by either thecomplainant or the Company, the Reviewer’s “Final Report” and any
recommendations within it will be binding on the Company.

10. Subject to paragraph 9 above, there is no appeal against the Reviewer’s ”FinalReport”.

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