Filing a Consumer Complaint
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.
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: Christy Page, 330-253-4565
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.
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