Once the adjudicator has determined the outcome of the dispute, they have to write this down in a decision. They first send out a proposed decision and then after people have commented on this, their decision is finalised. This section explains the two steps in this process for the independent person making a decision by adjudication and what could happen as a result of the adjudicator's decision.
The Decision
There can either be a one-step or two-step process for the independent person making a decision by adjudication. They will talk about this at the hearing and advise you of what will happen next.
Proposed decision
Before the adjudicator makes their final decision, they will sometimes write a "Proposed Decision". This will also include the reasons for the proposed decision. This proposed decision will be given to the supplier or wholesaler and the retailer and everyone will have 10 working days to make any further submissions. After considering any further submissions, the adjudicator will make a final decision and this will be provided to the learner and provider.
Final decision
Sometimes the adjudicator will issue a final decision after the hearing. Sometimes, they will issue a proposed decision first and then a final decision. The final decision is binding on everyone involved.
Possible outcomes
There are a number of possible outcomes of Listen & Decide. For example, the adjudicator might decide:
that some (or all) of the matters in dispute are not covered by the scheme
that no further action is required
that further action is required by the [organisation] by way of remedy to you, including [insert remedies, for example, acknowledgment and apology, payment, non-monetary redress, or any other action].
that you need to take further action; or
to recommend that the [organisation] establish [for example, rules, bylaws, or policies] that are aimed at preventing the issues that gave rise to the dispute.