Poland - Why fight like cats and dogs? Alternative Dispute Resolution
Has a retailer unjustly rejected your complaint? You have no time, will or money to invest in lengthy court proceedings to seek the satisfaction of your claim? Taking advantage of mediation or filing the case with a court of arbitration operating by the Trade Inspection may be the right solution. Nearly 15,000 consumers took advantage of this opportunity in 2012 alone, and the total value of all disputes examined by courts of arbitration equaled nearly PLN 3 million.
In a situation in which consumers have identified a defect in the product they have purchased, or in which a service has been provided in breach of the original contract, a complaint may be filed. If the entrepreneur is unwilling to accept such a complaint, the consumer may seek the satisfaction of his claims in court. Taking advantage of alternative dispute resolution methods may be a solution as well - these include mediation offered by the Trade Inspection, or filing the case with a court of arbitration operating by the Trade Inspection.Simplified procedures, short hearing deadlines and low or fully waved fees are among the main strong points behind such a solution.
Permanent Consumer Court of Arbitration
The Permanent Consumer Court of Arbitration (pl. Stały Polubowny Sąd Konsumencki - SPSK) examines disputes, arising between entrepreneurs and consumers, concerning the sale of goods the provision of services, with the value of the transaction up to PLN 10,000. Only the Warsaw-based branch of the court is not restricted by any dispute value caps. The case may be filed with the SPSK by a consumer, an entrepreneur, a consumer organization, as well as by the municipal or district consumer ombudsman. The court accepts the case for examination only if such a solution is authorized both by the consumer and the entrepreneur involved. The hearing is held with the participation of arbiters tasked with convincing both parties to reach an amicable solution. Both sides are authorized to speak during the hearing, evidence is presented and, should a need arise, expert opinions are sought. The proceedings conclude with a settlement or a judgment which have the force of a settlement or a judgment of a common court. Any party that is not satisfied with the ruling may appeal against it to a common court, but any settlements are final. The court or arbitration proceedings are offered free of charge - the costs of expert opinions that may be potentially required are the only exception here.
The are currently 16 permament consumer courts of arbitration operating by voivodship Trade Inspections. Additional 15 branches thereof are located throughout the country. Thousands of cases are examined by those courts each year. 6,600 applications were filed with them in 2012, and the total value of all disputes equaled PLN 2,8 million. The majority of cases concerned footwear sales (over 1,500 applications). Settlements were among the most frequent solutions and were reached, at the preparatory proceedings stage, on 819 occasions, with additional 126 settlements concluded before the court itself. Most court rulings favored the consumers. 937 entrepreneurs have refused to end the dispute by means of an amicable solution.
Mediation
An amicable solution of a dipsute may also be reached through mediation conducted by the Trade Inspection. The procedure is initiated upon the application of the consumer or ex officio, if the interest of the weaker market player so requires. Approval of both sides invloved in the dispute is required for such a method of its resolution. Mediation is offered free of charge.
In the course of the mediation proceedings the mediator presents the consumer's claim to the entrepreneur, familiarizes the parties to the dispute with applicable legal regulations and identifies the potential amicable solutions. Both parties have the right to abandon this form of dispute resolution at any stage of the process and to file the case for examination by a common court or a court of arbitration.
12,239 mediation proceedings were held in 2012. Over 8,000 of them concluded with a judgment that was positive for the consumer. Similarly to proceedings held before courts of arbitration, the majority of disputes (nearly 8,000) were concerned with footwear.
Uniform procedures throughout the European Union
Amicable dispute resolution will be easier and relevant procedures will be uniform for all European consumers. Last week the Council of the European Union adopted a legislation package comprising the Directive on Alternative Dispute Resolution (ADR) and the Regulation on Online Dispute Resolution (ODR). One of the main objectives of the new regulations is to facilitate the procedures allowing the consumers to settle their disputes involving cross-border transactions, including those concluded over the Internet, in an amicabe manner. The consumer will be aware, prior to making the purchase, whether the entrepreneur agrees to have the potential complaints settled amicably, and which entity such a complaint will be filed with - as such information will be required to appear in the retailer's commercial documentation and on their websites. As far as Internet purchases are concerned, a platform will be established for examining disputes between consumers and entrepreneurs. It will be possible to file a complaint electronically, with the use of a special form available in all official languages of the European Union. The case will be then filed with the entity selected by both parties involved. Information about the final verdict will be received via the Internet as well.
The new regulations are to be introduced to Polish legislation within two years.
Where to seek help?
Courts of arbitration and mediators operating by the Trade Inspection are not relevant for all types of cases. If highly specialized issues are involved (banking, finance), mediation offered by other entities, e.g. the Banking Arbiter, as well as courts of arbitration operating by the Polish Insurance Ombudsman, the Polish Financial Supervision Authority and the Office of Electronic Communications, is used. In all those cases and at each stage of the dispute with an entrepreneur, the consumer may count on free assistance offered by the municipal or district ombudsman.