From Lawpack's Leaves on the Line!
Going to court is not the only way to resolve a dispute. Here are some alternatives:
Mediation
Mediation is a way of dealing with disputes in which a third party, known as a mediator, helps the people involved to reach an agreement which each considers acceptable. There may be community mediation schemes in your area to help with such problems as neighbour disputes or school conflicts. Take advice or contact Mediation UK for details. Also, if you are in dispute with an organisation (e.g. a trader), you may be able to suggest that they consider trying to arrive at a mediated settlement with you. If they are agreeable, you can contact one of the bodies that offer mediation (for a fee) in the commercial and business sectors, such as the Centre for Effective Dispute Resolution (CEDR), the ADR Group, the Academy of Experts, the Chartered Institute of Arbitrators or the Royal Institution of Chartered Surveyors (RICS).
Using an arbitrator
You may be able to get the other party to agree to allow an independent arbitrator to adjudicate on the case. Many organisations belong to arbitration schemes, indeed building them into their customer charters or codes of practice. Professional and trade associations also use them.
Each party will probably have to pay a smallish registration fee, and usually the loser has to reimburse the winner. The arbitrator ('arbiter' in Scotland) receives all the evidence, considers the facts impartially, and, taking the law into account, decides who is in the right and on the form of compensation.
The decision is legally binding on you and the other party. If the other party ignores the decision, you can go to court - take advice. If you disagree with the decision, you cannot then take legal action to try to get a different decision. To find out more, or to see if the organisation you are complaining about belongs to a scheme, consult the Chartered Institute of Arbitrators.
Use your elected representatives
If your complaint is a major one, and particularly if it concerns a general principle or government policy that affects other people, you can raise the matter with either your MP, Member of the Scottish Parliament or Member of the Welsh Assembly. Take advice to find out where the local MP can be contacted (many have surgeries where you can call for help). Otherwise, write to him at the House of Commons, the Scottish Parliament or the National Assembly for Wales. At a local level, your ward councillors may help you push your complaint if it is within their sphere of influence.
Taking group action
If you know of other people with similar complaints or if your complaint raises an issue of general public concern, you could consider forming a group to campaign for changes - perhaps to improve road safety in your area or possibly to protest about a proposed airport expansion. Setting up a group and helping to organise its activities does, of course, require a great deal of effort, planning and time, but it may lead to success where all else has failed.
Existing campaign groups
There may already be a campaign group prepared to lend you support by providing technical expertise or guidance on how to make the best of your case. If your complaint concerns something they feel strongly about, say environmental pollution caused by a local company, such a group may even be prepared to take the case over, representing you and any other people affected. Take advice.
Using the media
If you take group action, it's bound to be of interest to the local press, TV or radio, and possibly to the national media as well. The media is also interested in individual complaints if they are unusual or interesting enough, particularly when they illustrate problems that may affect many people. For local coverage, phone or write to a reporter on your local newspaper, radio or TV station. For national coverage, write to the editor of a newspaper or the producer of a television or radio consumer programme - find out who to contact by phoning, or using the newspaper or programme website.