Consumer causes: Alternative Dispute Resolution
This project started in the year 2007 and was set off on April 1st, 2008. Czech Chamber of Commerce (CCC) participates in this project with 12 contact points.
České Budějovice | Brno | Sokolov | Praha | Hradec Králové | Liberec | Ostrava | Olomouc | Pardubice | Plzeň | Ústí nad Labem | Jihlava | Zlín
http://adr.komora.cz
Alternative dispute resolution allows to successfully resolve causes between consumers and entrepreneurs without using a standard way (per curiam), which is usually very expensive and time-consuming. This alternative solution is world-widely regarded as fast, cheap and suitable way how the consumer claims should be resolved. This way of claim solutions is based on voluntary participation of both parties, objectivity of law and independency of the procedure. Causes are being solved within mediation or arbitration procedure under third party´s neutral assistance. The procedure may not be started in case the suit or any other proposal demanding rights has been previously lodged. Another such reason is the situation when the initiation is not eligible or the opponent lodging the initiation didn’t set up a claim to its rights to adverse party.
Contact point
Contact point is a place where the harmed party is provided with necessary information about available alternative possibilities how to resolve the cause, i.e. either by means of mediation or by the arbitration procedure. Consumers as well as entrepreneurs may require the information from the contact point personally, via post or via internet. Using electronic way the consumer fills in the form and describes his complaint, than selects the preference between two available possibilities - mediation or arbitration. CCC staff processing this request delivers the complaint to the second party that has 14 days to send its deliverance. Both parties don’t pay any fees in this period of disputation.
Mediation
When 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.
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 800 CZK.