>

SUPPORTING DOCUMENTATION

Complaints & Dispute Resolution Procedure

The Expertise Exchange (ExEx)

Draft for legal review

Our approach

ExEx aims to deal with concerns fairly, promptly and proportionately. Genuine complaints will not disadvantage a user in their dealings with ExEx.

Raising a complaint

Initial review

ExEx will acknowledge a formal complaint, identify who is reviewing it and request further information where needed. Straightforward matters should be resolved informally and promptly where possible.

Investigation

ExEx may review records, obtain information from the parties, consult an independent professional where appropriate and consider the applicable ExEx agreements. Both sides should have a reasonable opportunity to explain their position.

Possible outcomes

Disputes between users

ExEx may facilitate a practical resolution but does not act as a court or arbitrator unless the parties expressly agree to a separate arrangement. Either party remains free to obtain independent legal advice or exercise legal rights.

Payments in dispute

Where permitted by the applicable payment arrangement, a genuinely disputed amount may be deferred while the matter is investigated. Undisputed sums should not normally be withheld merely because another issue is disputed.

Independent resolution

Where internal resolution is unsuccessful, ExEx may suggest mediation or another appropriate independent dispute-resolution process, subject to the parties' agreement unless a relevant contract requires otherwise.

Serious concerns

Fraud, safeguarding, criminal conduct, serious misuse of personal data or other matters requiring external intervention may be referred to the appropriate authority where necessary or legally required.

Confidentiality and learning

Complaints will be handled as confidentially as reasonably possible. ExEx will maintain appropriate records and may use lessons from complaints to improve its services, agreements and procedures.