Market Operator Disputes
The Market Operator (MO) Dispute resolution process aims to rectify any errors considered to be the cause of inaccurate results occurring within the Settlement Report. An error can be raised by the contracting wholesaler or retailer but must not be due to errors in or omissions of any data items, as this would constitute a Trading Dispute.
In order to raise an MO Dispute, parties should initiate the MO Dispute App by logging into the Kissflow website and completing the 'MO Dispute Application form'. If you require information on how to use Kissflow, please visit out Training and Guidance page.
The party initiating the dispute will be required to provide all details within the MO Dispute form, ensuring that they meet the criteria stipulated, for the dispute to be valid. Please note, all disputes will remain confidential. The determination will be final and binding. This means that you will not be able to challenge the determination unless it has been made fraudulently.
Please click here to download an outline of the MO Disputes process. This outline map clearly shows key stages of the process, including resolution and the steps disputing parties need to take.
An MO Dispute is the end product of when a trading party believes an error or omission regarding the production of the Settlement Report has occurred by the Market Operator (MOSL).
An MO Dispute may only be initiated upon attempting a resolution through either mediation/informal meetings - as an attempt to resolve the issue or query with associated disputing parties or by raising a Statutory Query. If a resolution has not been found via the Statutory Query Process, the initiating party will be required to initiate an MO Dispute.
Prior to raising an MO Dispute, trading parties must have attempted to resolve their issues through the Statutory Query process. If this does not achieve a suitable resolution, they will then be required to attempt a mediation step with MOSL. Only when both the Statutory Query process and mediation fail to provide a resolution, will the trading party be able to initiate the MO Dispute Process.
MO Disputes should be raised through Kissflow, where the initiator of the dispute will be required to provide a completed MO Disputes Form which will be submitted also through Kissflow. In order for the dispute to qualify, the initiator will be required to ensure the dispute meets all criteria listed within the form prior to submission. The application form may be rejected if the dispute request fails to meet the criteria outlined.
The initiator will be required to ensure all forms and supplementary documentation have been submitted within the allotted period and that the form has been completed accurately and submitted by the relevant Contract Manager.
Upon receipt of the application, MOSL will provide acknowledgement of the dispute within a suitable period of time. Kissflow will also generate an MO Dispute Number for your application, which will be associated with your dispute logged with MOSL.
Upon submission of the Dispute Application via Kissflow, a Case Manager will be assigned to the application. The Case Manager will determine if the dispute meets the criteria and if so, progress it through Kissflow. This includes tracking decisions made by an appropriate expert, where required. Upon a decision being made, remediating actions will be taken within Kissflow as needed.
Where the dispute is successful, remediation measures will be taken to rectify the issue, including re-running settlement and/or the formation of a remediation plan. Other affected parties and/or broader audiences will be notified of the dispute findings; MOSL will publish any findings on its website.
If you are raising an MO Dispute it must meet any of the following criteria in order for it to be considered valid:
- MOSL produced an inaccurate settlement, that is not caused by any data item of the trading party raising the dispute, or another trading party
- MOSL failed to provide a rectification plan within two months
- MOSL failed to implement its rectification plan in a timely manner
- MOSL provided a rectification plan that is unclear, incomplete or materially incorrect.