By: L. D. Cross

  There should have been a simple solution. Brake fluid leaking out of Ted's new car had sent him straight back to the dealership, but nothing seemed to fix the problem. Accusations flew. Reputations were attacked; lawsuits threatened. Ted was living the Rolling Stones' refrain "I can't get no satisfaction," - livid at both the car dealer and manufacturer.
  If Ted had known about the Canadian Motor Vehicle Arbitration Plan , he could have saved himself a lot of grief . CAMVAP is the country's largest dispute arbitration plan, created in 1994 as a joint project of the provincial and territorial governments, automobile dealers, automobile manufacturers and distributors, the Better Business Bureau and the Consumers' Association of Canada. It's goal is to settle disagreements over automobile repairs and warranty obligations, without tempers getting out of hand and blood-pressures rising. The two major drawbacks of CAMVAP are that it doesn't operate in Quebec, and that consumers who use the program forfeit the right to go to court. (So be sure you know which is the right option before you jump in.)
 

In 70 per cent of cases, arbitrators have found in favour of consumers who had complaints about their cars. In most cases, they awarded repairs

  How does CAMVAP work? Most domestic and imported automobiles and light trucks purchased or leased in Canada are covered by CAMVAP - so almost anyone can use it. CAMVAP appoints an arbitrator, who has the power to award replacement, buy-back or repair of the vehicle, or re-imbursement of repair costs or documented expenses (towing, taxis, etc.) up to $350. Conversely, the arbitrator may find no liability on the part of the manufacturer.
  The odds, however, are on the consumer's side. In about 70 percent of disputes the arbitrator has decided for the consumer, with the majority of awards being vehicle repairs. You can reach CAMVAP at 1-800-207-0685 or visit their web site at www.camvap.ca.
  CAMVAP is just one example of a variety of alternative dispute resolution (ADR) procedures flourishing in Canada. ADR is to consumer problems what alternative therapies are to health care - a complementary approach you can turn to when conventional methods don't hold much promise. If you're dealing with a defective product, wrestling with a billing problem, or trapped in divorce deadlock, then ADR may save you some time, money and headaches.
  In an age of backed-up court calendars and a fear of bad publicity, ADR is becoming increasingly popular. Corporations, retail businesses and professional associations all offer methods of resolving conflicts more quickly and economically than within the traditional court system. And in addition to direct negotiation, there is conciliation, mediation and arbitration to work out a smorgasbord of situations without resorting to litigation.
  Before you use any of these services, make sure you've tried your best to resolve your problem through effective complaining. Contact the seller immediately if their product or service isn't up to snuff. If that doesn't work, contact the company headquarters. If satisfaction is not forthcoming, move on to the local, provincial or federal consumer help agencies listed in the blue pages of the phone book.
  And think about the whole range of options before you settle on arbitration. For instance:

• Small claims court is an informal and inexpensive method of resolving disputes where the amount claimed varies from less than $3,000 to less $10,000, depending on the province. There is a fee to file a claim and there may be other costs for such things as serving papers and travelling expenses, but cases can be presented without the expense of a lawyer. The emphasis is on explaining the problem, not legal technicalities. Contact the small claims court or provincial court nearest to you.
• All provinces also allow for the grouping of many separate claims for loss or injury under one "representative" or "class" action lawsuit. This allows consumers with legitimate, but individually uneconomical, cases to afford court.
• If arbitration seems better than litigation, however, your first stop might be the Better Business Bureau. The BBB has a tradition of helping people deal with common consumer irritations. They offer an objective and free dispute settlement service for customers and businesses.

  When informal attempts to mediate a dispute fail, the larger BBB offices can - if both parties agree - arrange a formal arbitration process with an impartial (often volunteer) arbitrator, empowered to impose a legally-binding settlement. You can, if you wish, have an attorney represent you. Costs for arbitration through a BBB are minimal but will reflect the time and travel expenses of participants and the degree of complexity of the case. Contact your nearest BBB or their co-ordinating body, The Canadian Council of Better Business Bureaus, 7330 Fisher Street SE, Suite 368, Calgary, Alberta, T2H 2H4, telephone (403) 531-8686, if you have a product or service problem and need a commercial SOS.
  Other mediation services are geared to specific industries and activities. For instance:

• Alternative dispute resolution is a preferred option for settling billing disputes between lawyers and their clients. The Ontario division of the Canadian Bar Association (CBA) ran a Mediation Pilot Project between 1995 and 1997. While there is no national program yet, the CBA will provide information on mediation for clients or lawyers embroiled in a battle over billing.

A mediated divorce can offer peaceful dissolution - disengagement without decimation

  The mediation atmosphere is less formal than court and can clear up common lawyer-client misunderstandings involving the retainer agreement, work done and different methods of billing the account. It is confidential and the parties can share the $150 cost of a mediation lasting up to two hours and pay a non-refundable administrative fee of $15 each. Date, time and place is agreed upon and an Agreement to Mediate sets out the terms of reference. If this could work for you, get more information from the Canadian Bar Association national office in Ottawa at 1-800-267-8860 or the Ontario provincial office in Toronto at (416) 668-8900.

• A mediated divorce can offer a peaceful disengagement; dissolution without decimation. So if you can't save the marriage maybe you can save on divorce costs by foregoing the high price, high hostility, litigation route. Mediation replaces the adversarial system with a problem solving approach to deciding who gets what. A trained mediator facilitates negotiations. Education, not argument, is the focus. The mediator can be anyone acceptable to both parties as fair and impartial - a lawyer, social worker or accountant, for example. Costs vary depending on the length and complexity of the mediation but often agreements can be reached after four to six one-hour sessions. Private practice mediators usually charge their professional services rate but various government and non-profit organizations offer programs through local family courts using salaried or volunteer mediators. Check the telephone book Yellow Pages under "Mediation Services". Of course, if you are hell bent on mutual annihilation and want to make a point then the court room battlefield is always there.
• Since insurance is subject to both contract law and to government regulation, misunderstandings do arise. If you are getting nowhere with the agent/broker or company headquarters, call the Information Centre of the Insurance Bureau of Canada (IBC), the national voice of Canada's property and casualty insurers, at 1-800-387-6378. Information officers there can outline your options which may include a submission to the insurer's complaint handling protocol, court action or an alternative/additional dispute resolution process such as mediation. Check the IBC web site at www.ibc.ca and click on "Consumer Info." to get the toll-free numbers of inquiry centres in all provinces and territories or, call the head office number above. In Ontario, the Office of the Insurance Ombudsman, attached to the Ministry of Finance, responds to consumer complaints about business practices of insurance companies that remain unresolved after the consumer and the company have attempted to reach an agreement. Their toll-free number is 1-800-668-0128.
• Operation Integrity is the complaint resolution program of the Canadian Direct Marketing Association (CDMA) that investigates on behalf of the consumer if there is a problem with a purchase made through direct marketing. Complaints are categorized into five classifications - non-fulfillment, record or book club, mail order (awaiting credit or refund), magazine subscription and, again, mail order (product not as advertised). Experience has shown that problems arise from lack of communication or incorrect information but the resolution rate is 95 percent. Complaints must be made in writing and mailed to: Operation Integrity, c/o Canadian Direct Marketing Association, 1 Concorde Gate, Suite 607, Don Mills, Ontario, M3C 3N6.

  If you want to be proactive about potential marketing problems, sign up for the CDMA's free Do Not Mail/Do Not Call Service. Provide your name, address, postal code and phone number to the CDMA and its 700-member organizations are notified quarterly to delete you from their mailing and phone lists for a period of three years. If you move to a new address, you have to write again to become a marketing mystery.

• For advice on situations not described here, you might want to try the Arbitration and Mediation Institute of Canada, in Ottawa. The (AMIC) is a public service non-profit, non-governmental organization which provides the public with alternative means to resolve all kinds of disputes (labour, business, construction, insurance, family, etc.). It provides training for chartered mediators, with its affiliated organizations, offers disputing parties a choice of arbitrators and mediators whose qualifications are most appropriate to their business or dispute. Phone: (613) 786-8650.

  Taking legal action is the last resort but be aware that you may have to act within a certain time period depending on which statutes apply to your case. So it isn't always necessary to adopt commando consumer tactics when faced with a product, service or relationship problem. Companies value their internal and external partnerships. Professionals need to resolve client complaints. Consumer goodwill is good business. Alternative dispute settlement methods allow you to bury the hatchet (other than in your opponent) and to save time, money and aggravation. Not a bad deal.

L.D. Cross is an award-winning business and lifestyle writer who lives in Ottawa.