DISPUTE RESOLUTION POLICY FOR CLIENTS
For Auditel, its franchisees and for the benefit of their clients
Disputes. We all believe that it is important to resolve all disputes efficiently and professionally and to return to business as soon as possible. All are agreed as follows:
Any litigation, claim, dispute, suit, action, controversy, or proceedings of any type whatsoever between or involving you and us (and/or any Partner of either), (“Claim”), will be exclusively dealt with in the following manner:
First, discussed between the relevant parties, preferably in a face-to-face meeting or video call within 14 days after any party has given to another a written notice proposing such a meeting.
Second, if still unresolved between a franchisee and a client then either may refer the Claim to the Head Office of Auditel (U.K.) Limited (Franchisor) together with details of the dispute. Auditel will acknowledge within 48 hours and within a further 48 hours suggest a way forward for consideration by the parties.
Third, if the suggested way forward is not accepted by either party, then the dispute may be submitted by either to non-binding mediation for a minimum of eight hours before a mediator appointed by the Centre for Effective Dispute Resolution or its successor. The mediator shall be a neutral person. Both parties will each pay 50% of the costs of any mediation (though each will, of course, be solely responsible for any Legal Fees of their own lawyers). You will jointly agree that no mediation will be required to extend beyond eight hours. Any party may be represented by lawyers and may, with permission of the mediator, bring persons appropriate to resolving the claim.
Fourth, if mediation is unsuccessful in achieving resolution then the parties may resort to such legal remedies as are appropriate.
- The parties will bear their own Legal Fees and costs subject to any award by an arbitrator to the contrary.
- Periods In Which to Make Claims. Because it is important to resolve all disputes efficiently and professionally and to return to business as soon as possible no issue may be raised in any dispute (whether being resolved by litigation, arbitration or otherwise) and whether by way of claim, counter claim, set off or otherwise unless such party raises the issue in writing before the expiry of the earlier of:
- One year after the date on which the facts giving rise to the issue comes to the attention of, or should reasonably have come to the attention of, such party. or
- Two years after the initial occurrence of any act or omission giving rise to the issue whenever discovered.