The Code provides for two dispute resolution processes, depending on the type of dispute.
Clause 10 deals with internal dispute resolution (IDR) and is designed to deal with disputes that arise prior to commencement or completion of repair. These type of disputes will revolve mainly around issues relating to methods of repair, but does not include disputes relating to amounts paid for repair.
IDR is the insurer’s own internal dispute resolution process. Each insurer signatory’s process may differ slightly, but in all cases the process will be prompt, fair and transparent.
In the event of a dispute under clause 10 , the repairer must notify the respective insurer’s complaints contact providing full details of the dispute and supporting evidence of the concern and the redress sought.
The procedure is designed to be a speedy process and any such disputes need to be fully investigated and a determination made within 2 business days.
The full procedure is documented in clause 10.3.
This process applies to all disputes relating to alleged non- compliance with the Code and to disputes of a contractual nature, but does not apply to disputes which are described in sub clauses 10.1(a) and 10.1(c). It is important to note that this process is only available if both the insurer and the repairer, involved in the dispute, are signatories to the Code.
The mediation procedure, refer clause 11.3, is based on the concept of mediation by an independent and trained mediator.
Before undertaking the mediation process, it is a requirement of the Code that IDR be undertaken in an endeavour to mutually resolve the matter. Should IDR fail, and provided the dispute is of a nature that allows it to be dealt with under mediation provisions of the Code, mediation can be initiated.
To commence an mediation action under the Code, the applicant must lodge a notice of dispute with the CAC’s nominee, Resolution Institute, providing the necessary information as outlined in clause 11.3.
(a) This clause does not affect the right of a party to take legal action in relation to a dispute.
(b) The Parties will share the costs of Mediation equally under this sub-clause 11.4, unless they agree otherwise.
(c) The Parties must pay for their own costs of attending the Mediation.
(d) The Parties must mediate in good faith.
(e) If a party has commenced dispute resolution and/or mediation outside of this Code the party cannot revert to the Code’s dispute resolution process until the dispute resolution and/or mediation has been finalised.
Under clause 11.4(b), the Code provides that the costs of mediation are to be shared equally between the disputing parties, unless the parties agree otherwise.