As shop owners and managers, we all hope that a consumer complaint can be resolved between the customer and us with an explanation, an exchange of thoughts, a mutually beneficial agreement and a hand shake. Unfortunately that is not always the case; it is sometimes necessary to have a third party intervene for the shop and the consumer.

The members of ASA-Ohio are using a system that was worked out with the state attorney general's office and has proven very successful. In late 1995, ASA-Ohio's recently retired executive director, Marlene Compton, was in a meeting with the attorney general's office, and the subject of complaints registered against the automobile repair industry was being discussed. She discovered that associations for automobile dealers and construction companies had arrangements with the attorney general's office to help them settle any disputes between their members and the public.

Shortly thereafter, the following system was agreed upon by ASA-Ohio and the attorney general: Any complaints against a member shop would be reported to the ASA state office for arbitration before the attorney general would take any action, thus giving the shop a chance for an unblemished record with the attorney general's office. Once the complaining customer agrees to the system, both parties in the dispute are gathered by the mediation committee. The member is bound by the decision of the arbitrator, but the consumer is not. If the consumer is still unhappy with the outcome of the mediator, they may further pursue the complaint with the attorney general.

The Ohio mechanical system is set up with five regional mediation panels composed of three or four members from that area of the state. If a complaint is filed against a shop in one section of the state, a mediation panel will be from a different area so competing businesses will never be asked to rule on each other's complaints.

The collision system is set up much the same way with volunteer members from around the state forming three-person panels. These panels are also always composed of members from areas other than that of the shop involved in the dispute.

ASA-Ohio also has a non-industry representative who has volunteered to serve as a referee when needed.

Mark Moses, owner of Moses Automotive in Toledo, is chairman of our mediation system. He receives all complaints from the attorney general's office, reviews them and contacts all parties involved. It should be noted that Mark possesses an uncanny knack of getting to the point. With his people skills and common sense, he has resolved 11 of the complaints thus far without the meeting of a mediation panel.

Most rulings by panels have been in favor of the consumer and the majority of these were because our members did not follow all the laws of Ohio - usually involving simple things like the signing of repair orders or offering customers written or oral estimates of the work to be performed.

When personalities are in extreme conflict and egos are wounded, Mark has come up with creative ways to keep those involved relatively happy. On more than one occasion, the recommended refund to the customer of all or part of the repair bill has been donated to the customer's favorite charity instead of being paid to the customer directly. Funds have been donated to marching bands, 4-H groups, etc. Since mediation is often more a matter of principle than monetary compensation, this is a form of compromise that can leave both parties feeling somewhat vindicated.

The mediation system has worked well for ASA-Ohio and should work well in your state. Remember, the best place to settle differences with your customer is in your office. But if that is not possible, it's usually better to resolve the dispute through a ruling from your peers than at the discretion of a court of law or legislative agency.

Keith Kumler, AAM, is the owner of Kumler Collision Inc. in Lancaster, Ohio. He currently serves on ASA's Collision Division Operations Committee.

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