ADR rules of conduct
Amicable proceedings (also called ADR - Alternative Dispute Resolution) is carried out according to the following principles:
- voluntariness - initiation of the ADR proceedings and its continuation at its every stage depends on the will of the parties;
- confidentiality - both persons carrying out the proceedings and those participating therein are obliged to keep facts, proposals or points of view presented in the course of proceedings confidential;
- acceptability - the parties fully accept and observe the restrictions specified in the Rules and Regulations and accept the person carrying out the proceedings.
- impartiality - the Ombudsman does not represent either party, treating them equally in the course of the ADR proceedings;
- neutrality - the Ombudsman has no interest in termination of the ADR proceedings in the manner preferred by either party.
Out-of-court consumer dispute resolution consists in the assistance provided by an independent and impartial person in dispute resolution which has not been resolved in the course of the claimt procedure.
Amicable methods of dispute resolution offer an alternative for long term and expensive disputes before the court. Cases in the out-of-court system are settled faster and cheaper than those before the court. Such a manner of problem solving is beneficial to both the consumer and the entrepreneur.
The most important benefits include:
- rapidity of the procedure,
- low costs,
- third party’s impartiality,
- voluntary participation,
- easy form of the proceedings, usually electronic.
Models of amicable proceedings
The ADR Act introduces 3 methods of amicable dispute resolution to choose from:
- enabling the parties to reconcile their positions in order to resolve a dispute by the parties (mediation) - Mediator pomaga znaleźć stronom sporu wspólne, satysfakcjonujące obie strony i słuszne rozwiązanie.
- presenting a dispute resolution proposal to the parties (conciliation) - the Mediator helps the parties to the dispute to find a common correct solution which satisfies both parties.
- settlement of the dispute and imposing its resolution on the parties (arbitration) - the proceedings are pending before an arbitral tribunal in which disputes are settled by an impartial arbitrator. In such a situation the judgement has the same legal effect as the judgement of a common court and parties are obliged to comply with it.
ADR institutions in the EU
The list of entities carrying out the proceedings concerning out-of-court consumer dispute resolution reported to the European Commission by the Member States of the European Union is published on the website of the European Commission.
