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Purpose
The Alternative Dispute Resolution process of the Home
Builders Association is a service available to the Association members to aid
in resolving disputes with their customers. This service, BBB Care, is provided
by the Better Business Bureau (BBB). The program is designed to aid in
communication and to resolve conflicts satisfactorily without the time and
expense of going to court.
Process
The BBB must receive a written complaint about a member.
Phone calls about members are not logged, but the caller is urged to put the
issue in writing and send it directly to the BBB offices, attention: Kim
Cartwright, 330-253-4565
I. Conciliation
When a written complaint is received, a copy is sent to the
member urging them to contact the complaintant to help resolve the issue. Often
matters are resolved at this time because the conflict has been put into
writing, and the details noted can be handled more easily and fairly than
verbal complaints.
Neither the HBA nor the BBB will take sides in any issue, but merely serves as
a conduit for communication. We suggest that the matter be resolved within
twenty-eight days. If conciliation, satisfactory to both sides, is not
possible, either of the following advanced procedures is available through the
BBB Alternative Dispute Resolution (ADR) staff.
II. Mediation
If conciliation does not solve the problem, mediation may
be the next step. In mediation, a well trained, neutral, third party -- the
mediator -- clarifies and reframes problems and helps the two sides talk with
each other and consider solutions.
If both sides agree to mediate their dispute, the BBB explains the process and
fee, schedules a mediation session, and helps the parties prepare for that
session.
The mediator won't decide who is right or wrong. Instead, he or she will
provide a set of procedures to follow and will help both parties clarify issues
and consider options. If a solution is reached, the mediator will assist the
parties in writing an agreement that explains what the parties have agreed to -
ordinarily some action to be performed.
A booklet describing mediation in more detail is available from the BBB
offices.
III. Binding Arbitration
If both parties agree in the Conciliation phase that
Mediation will not be useful, or if the parties can not agree on a solution
through Mediation, then Binding Arbitration is the next step. (In the event
that the Mediation phase was skipped, a fee will be charged to both parties.)
In arbitration, the parties state their views at an arbitration hearing, offer
evidence, and let an impartial panel of arbitrators make a decision that will
end the dispute. Binding Arbitration is a legal process in which both parties
agree to permit a third party, or parties, to make a final decsion in a dispute
between them. Binding Arbitration decisions are upheld in courts of law.
The HBA has an agreement with the BBB to provide arbitration and professionally
trained arbitrators on a fee basis. A booklet describing the arbitration
process and rules is available from the BBB.
THE HOME BUILDERS ASSOCIATION SERVING PORTAGE &
SUMMIT COUNTIES
Copyright 2003
Homebuilders Association
serving Portage & Summit Counties
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