Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution – A Quick Overview
What is ADR?
ADR is a structure for addressing consumer disputes without the need to take the claim through the court systems.
Within the gambling sector ADR is mandated by a number of regulatory, requiring that licensees direct players to an approved ADR service where complaints arise.
What is the Purpose of ADR Services?
Primarily, ADR is intended to rebalance inequalities that exist within the judicial system of complaint management.
Taking complaints through the court systems is slow, expensive and intrinsically bias towards the operator, given that the operator is likely to have their own in-house legal team, familiar with the relevant laws and their own policies, where the player lacks this knowledge and experience.
The implementation of ADR facilitates a risk free complaint management process that can address all but the most serious claims, offers faster resolution of claims, and given the ADR’s experience within the sector, helps to reduce the disparity in legal expertise between the parties.
Which Jurisdictions Use ADR?
Currently ADR is formally deployed by the UK Gambling Commission and the Malta Gaming Authority.
Both the Gambling Regulatory Authority of Ireland and the Curacao Gaming Control Board have proposed policies that they intend to implement that would create ADR systems for their licenses.
The Gibraltar Gambling Commission includes the option for licensees to use ADR services, and encourages their licensees to do so, but unlike the other regulatory authorities currently using ADR systems, does not currently approve ADRs for their licensees to choose from.
Who Can Act As an ADR?
UKGC – Within the UK, ADR have to seek and receive approval from the UK Gambling Commission. Licensees must select one, and only one, of the ADRs that have been approved by the UKGC to signpost their players to.
MGA – Within the Maltese ecosystems ADRs must be approved by the Malta Competition and Consumer Affairs Authority (MCCAA). For the MGA license, licensees have the option to offer multiple ADRs, but are only required to offer one.
What is My Background in ADR?
My journey with ADR began in 2016 when the UKGC first instituted a requirement for their licensees to appoint an ADR to manage complaints. ThePOGG.com ran an informal complaint management system at the time and we submitted an application to the regulator to formalise our role. We were successful, which is notable given that we were the only ADR to use an affiliate marketing funding model that received approval.
We subsequently applied to and received approval for ThePOGG to act as an ADR for the MGA license from the MCCAA.
In 2023, after selling ThePOGG to Blexr and the rebranding of ThePOGG to CasinoReviews.com, we were required to reapply for approval to function as an ADR in both the UK and Malta. Both applications were approved successfully under my leadership.
To date (as of the end of 2024), despite efforts by several other affiliate based complaint services, I am the only person to have successfully gotten an affiliate approved as an ADR by any regulatory system.
What ADR Qualifications and Approvals do I Hold?
I hold qualifications with the Chartered Institute of Arbitrators, am a member of the International Ombuds Association and the International Council for Commercial Arbitration.
If you are an affiliate business considering setting-up an complaint management service, I can support your team to develop the processes and policies that you will need to ensure the viability and integrity of your service.
If you already run your own informal complaints service, I can support you to prepare an application to the appropriate regulatory bodies for approval to function as an ADR.
If you run an already approved ADR service, I can provide a 2nd opinion on complex cases, providing insight or an alternative view to ensure you provide the best informed ruling possible.
I can also support your team as an additional ADR Official during periods where caseload is exceeding your capacity.
How Can I Support Your Team?
If your regulatory authority is finding complaint management challenging, I can provide vital insight into how other jurisdictions are managing complaints, or simply support your team with an independent perspective on complex cases.
I can also guide and support your organisation during the implementation of ADR protocols.
If your team is struggling with a challenging case, I can provide an impartial second opinion to review a case before it is escalated to your official ADR.
I can also support your team in interacting with your ADR provider, guiding you through the complaint management process, and working with you to ensure the most effective communication of your defence to a claim.
I may consider, on an individual case basis, representing a player in a claim to an ADR, to assist the player in preparing the most robust defence of their claim. I will only take on cases that I consider particularly complex or interesting, and where I feel there’s significant risk of the material facts of the case being misunderstood or overlooked if not communicated effectively.