23 November 2015
On 19th of November 2015 Financial Supervisory Authority (FSA) published on its own website a draft regulation on the organization and functioning of Alternative Dispute Resolution Entity (ADR-FIN) in the non-bank financial field which is in public debate until 29th of November 2015.
The Alternative Dispute Resolution Entity will be formed under the provisions of Government Ordinance no.38 / 2015 on alternative dispute resolution between consumers and traders and will operate exclusively within the FSA. This entity will propose or impose, if necessary, a solution to the parties with the help of conciliators trained in mediation or arbitration depending on the type of solution that will be proposed or imposed.of conciliators trained in mediation or arbitration depending on the type of solution that will be proposed or imposed. The conciliators must have experience in the financial market besides specialized training in alternative dispute resolution and consumer protection.
ADR-FIN mission is to solve, through alternative dispute resolution procedures, disputes between consumers and authorized entities, regulated and / or supervised by the FSA.
If this entity proposes a solution to the parties, the parties can choose whether to accept or not the solution, which may be withdrawn if the consumer is not satisfied with the performance or the conduct of the proceedings.
If is followed the procedure which impose a solution for the parties, this is binding for both parties, if they have given prior consent to this kind of mechanism without further right of parties to withdraw.
The consumer who wants to solve a dispute through ADR procedure is free to choose the conciliator or conciliators who are enrolled in the list of specific litigation. In this regard, he need to express this option voluntarily, through a written notification which will be sent directly to the ADR-FIN either by post or by electronic means of communication.
The dispute may be subject to alternative dispute resolution procedures which are managed by ADR-FIN only if the consumer proves that previously he tried to solve the dispute directly with the merchant.
The procedure for solving disputes by ADR-FIN is free for the consumer party to the dispute, but if for solving the disputes are required expertises, translation of documents or other evidence, all these expenses will be paied by the requesting party.
The disputes sent to ADR-FIN will be examined by the conciliators. Among the conditions that must be fulfilled in order to be a conciliator can be listed as follows: to have full legal capacity; to graduate higher education studies attested by a licence diploma; to have a good reputation; to be enrolled on the lists of arbitrators of some national or permanent arbitration institutions in EU Member States or it to have been authorized by the Mediation Council as a mediator under Law no.192 / 2006 on mediation and mediator profession; don’t have facts submitted to the tax and judicial record.
In relation to the cases which will be deducted for settlement, conciliators must be independent of parties to the dispute, not directly / indirectly paied by them and are not being in incompatibility or conflict of interest.
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