If a complaint about a purchase or a service isn't resolved directly with the business, going to court isn't the only route. The conciliation board is an out-of-court forum designed specifically for the simpler resolution of disputes between consumers and businesses. This article explains how the procedure works, and where legal expenses insurance fits in.
- The conciliation board deals with disputes between a consumer and a business over the formation or performance of a contract, within the framework of the laws in force at any given time.
- The procedure is typically faster and simpler than litigation, and typically free or low-cost for the consumer.
- The board primarily aims to bring about a settlement; failing that, a further step may follow under the rules in force at the time.
- Legal expenses insurance's advice helpline can help you prepare your request – legal representation is typically not mandatory in the procedure.
When does it come into play?
Typically when a complaint about a faulty product, an incomplete service, or a rejected warranty claim remains unresolved even after direct discussion with the business. The faulty product, shoddy service article and the contractual and consumer disputes article show what kinds of situations belong here in substance – the conciliation board offers a concrete, formalised forum for these case types, as a step before going to court.
How does the procedure start?
The procedure typically starts with a written request to the board – the question of jurisdiction is settled by the laws in force at the time. It's worth attaching every document that supports the complaint to the request: the receipt, the warranty card, correspondence with the business, and an expert opinion if you have one. The more thorough the file, the more easily the board can get an overview of the case – this isn't a formality, it's the basis for a quick decision.
What happens at the hearing?
The board typically holds a hearing at which both parties – the consumer and the business – can set out their position. The primary aim is to bring about a settlement: the board actively mediates between the parties. If no settlement is reached, the board decides the case in whatever way falls within its powers, under the procedural rules in force at the time. The form the procedure takes and the legal effect of the decision depend on the type of case and on the parties' own attitude – this article only gives a general picture; in a specific case, the guidance of the board handling it prevails.
Why is it worth taking deadlines seriously?
Specific deadlines are typically attached to the procedure – from filing the request through to responding. Missing them can work against how the case is assessed, potentially even to the point that an important point doesn't get taken into account. The deadlines in a legal dispute article shows in general terms just how critical keeping to deadlines is in a legal procedure – the same logic applies to conciliation board proceedings.
How does legal protection help here?
Legal expenses insurance's advice helpline can typically help make sure your request is substantively in order and put together with the necessary attachments before it reaches the board, and that you understand how the procedure works before you start. Because legal representation is typically not mandatory before the conciliation board, cover's cost element is a less central feature here – it matters more if the case continues after the board, for example if it moves on to litigation. That's when cost cover under the terms set out in the policy can really come into its own.
And if it still isn't resolved after the board?
Sometimes the procedure doesn't lead to an outcome both parties can accept – in that case, the dispute can in principle be taken further, typically to court. That's not a failure of the steps taken so far: the conciliation board procedure's documents, and the positions the parties set out along the way, often provide a usable basis for the further proceedings too. The settlement or litigation article gives factual pointers on when it's worth choosing litigation in a given case, and when it's better to look for another solution – though that decision always depends on how serious the case is and on the parties' own attitude.
Frequently asked question: "Am I required to accept the board's decision?"
No general informational article can give a general answer to this question: the outcome of the board's procedure – a settlement, a recommendation, or another decision falling within its powers – and how binding it is depends on the laws in force at the time and on the specific circumstances of the case. This is exactly the point where the board's own information, or where necessary the guidance of a legal professional, prevails over a general article.
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