General Principles for ADR
The Committee’s overriding ADR principle is to treat both parties fairly and equally. To achieve this, each party will be given full opportunity to state their case and to see the written documents/evidence submitted by the other party. The secretary to the Committee will take every reasonable step to ensure that all relevant evidence is gathered for the completed complaint file. This will enable the Committee to decide the key issues of each case, establish all relevant facts and ensure that no relevant aspect of the dispute is left unconsidered.
The Committee will also take account of the relative resources available to both parties, recognising that an inbuilt imbalance might exist between them. For instance, a lone customer might be locked in dispute with a bookmaker who has the advantage of legal representation. Sometimes the imbalance may result from the personal characteristics and experience of the parties involved, such as a customer who has learning difficulties or who lacks familiarity with gambling: again, the Committee will aim to recognise and account for this, ensuring that the process is pitched appropriately for all participants.
Both parties are permitted (but not obliged) to attend the hearing at which the Committee carries out the ADR, so each party is able to state their case in person. The Committee will ask questions of the participants to establish/confirm the full details pertinent to the case. The Committee recognises that, for various reasons, the parties may not be able to state their case with equal polish, so allowances will be made in such circumstances or where one party attends the hearing and the other is absent.
Before any hearing commences, each member of Tattersalls Committee will be required to confirm that there is no conflict of interest which might potentially impact on their ability to be fair and impartial during the adjudication. The Claimant and Respondent will also have the capability, giving supporting reasons, to object to each member of the Committee. The Chair of the Committee shall have the final say on its composition.
The decision of the Committee shall be based on their interpretation of the evidence before them, using their experience, knowledge and judgement, with reference to the Rules of Betting or the Respondent’s Rules (if different from the Rules of Betting). Also, the Committee will take all reasonable steps to interpret and apply the law of the land, including customer protection legislation and the published advice of the CMA.
The General Principles for ADR may also be viewed and saved in PDF format by clicking here.