> Fast, flexible and cheap solution for consumer disputes with a trader is an alternative way to the classic court
case (which usually is expensive and lasts). The ADR solution is appropriate for both sides.
> Due to this system cases can be solved which most often appear after trader not accepting consumer
claim on goods bought in a shop, but also cases of other disputes coming from legal relations among
traders and consumers.
> ADR schemes usually use a third party such as a Mediator or an Arbitrator to help disputing parties
reach a resolution. An important term for starting the ADR is an agreement of both sides.
case (which usually is expensive and lasts). The ADR solution is appropriate for both sides.
> Due to this system cases can be solved which most often appear after trader not accepting consumer
claim on goods bought in a shop, but also cases of other disputes coming from legal relations among
traders and consumers.
> ADR schemes usually use a third party such as a Mediator or an Arbitrator to help disputing parties
reach a resolution. An important term for starting the ADR is an agreement of both sides.
The European Consumer Centre always try to find a peaceful solution which is not always possible. In such case it is posible for the consumer to turn to ADR contact points in the Czech Republic (this can be done personally, via mail or in an electronic way by filling in this form). The contact point staff processing this request delivers the complaint to the other party who has 15 days for his/her answer. If the dispute is not solved after these steps, mediation or arbitration begins. None of the two parties pays any fees at the moment.
The ECC Net (lead by ECC Denmark) has prepared a study on ADR systems which slightly differ in European countries which is attached here.
TYPES OF THE ADR
Mediation:
When the both parties negotiate to solve the cause by means of mediation, which is free of charge, they
assign the neutral mediator who aspires to lead the opponents to accord. Mediation accord is then registered
in the obligatory agreement that contains the real will of both sides and this agreement is enforceable
by the law. In the ADR project the mediator’s sallary is covered by the Ministry of Trade and Industry.
The ECC Net (lead by ECC Denmark) has prepared a study on ADR systems which slightly differ in European countries which is attached here.
TYPES OF THE ADR
Mediation:
When the both parties negotiate to solve the cause by means of mediation, which is free of charge, they
assign the neutral mediator who aspires to lead the opponents to accord. Mediation accord is then registered
in the obligatory agreement that contains the real will of both sides and this agreement is enforceable
by the law. In the ADR project the mediator’s sallary is covered by the Ministry of Trade and Industry.
Arbitration:
When the mediation is not successful, every single party can proceed to the arbitration at the Arbitration Court
at Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. Both parties are
allowed to ask for arbitration also at the moment when the complaint is handed in; the agreement of both
parties with the initiation of the process is required in this case. The result of the arbitration is the Resolution
of an arbitrator which is enforceable by law after the stipulated period, i.e. the fast application of the law
is guaranteed. In this stage of process the applicant pays a fee of 3 % of the price of the product, but minimally
800 CZK.
The procedure may not be started in case:
- the suit or any other proposal demanding rights has been previously lodged
- the initiation is not eligible
- the opponent lodging the initiation didn’t set up a claim to its rights to adverse party
When the mediation is not successful, every single party can proceed to the arbitration at the Arbitration Court
at Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic. Both parties are
allowed to ask for arbitration also at the moment when the complaint is handed in; the agreement of both
parties with the initiation of the process is required in this case. The result of the arbitration is the Resolution
of an arbitrator which is enforceable by law after the stipulated period, i.e. the fast application of the law
is guaranteed. In this stage of process the applicant pays a fee of 3 % of the price of the product, but minimally
800 CZK.
The procedure may not be started in case:
- the suit or any other proposal demanding rights has been previously lodged
- the initiation is not eligible
- the opponent lodging the initiation didn’t set up a claim to its rights to adverse party
On the web page of the Czech Chamber of Commerce you can find more about the ADR.