I am unhappy with the service provided by the surveyor who surveyed my boat. What should I do?

You should always go back to the surveyor in the first instance. He may be able to explain his reasons for doing or not doing whatever is concerning you. If you remain unhappy and cannot reach a satisfactory settlement with the surveyor you may contact the YDSA who will assist if possible. The Association cannot adjudicate on cases - this is a matter for the legal system - but we will look at issues relating to compliance with our Surveyors' Code of Practice. The legal processes are either through the Courts, mediation or, which we often recommend, arbitration. The Court system (except in the Admiralty Courts, which do not deal with small claims) is not geared up to marine law, and the judge may need a considerable amount of technical detail to be made clear before he can make a decision. This can be time-consuming and expensive, and if you are using a solicitor, the costs will include his fees. Claims through the Small Claims Court can be put forward by the claimant in person, so you do not have to use a solicitor.

Mediation is a process whereby an independent person works with the parties to help them reach a solution themselves. A decision is not imposed by the mediator.

In technical matters, we recommend arbitration, as this can be undertaken by a technically qualified person. Arbitration can be by documents only, with the parties putting their cases in person to the arbitrator, and may or may not necessitate a visit to the vessel in question. The parties pay for the arbitration jointly. It is rare for the arbitrator to make an award of costs against one party. An arbitrator's decision is binding under the Arbitration Acts. Many standard contracts provide for arbitration, and a court will reject a case if there is such a clause, and no good reason can be given for not having used it.