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S.L. 378.18 · Consumer Alternative Dispute (S.L. 378.18)

S.L. 378.18 Art. 19Notification of information by entity wishing to act as an ADR entity.

PART III

In KraftAmtlicher Text

(1) An entity which wishes to act as an ADR entity in accordance with these regulations shall notify the Council with the following:

(a) its name, contact details and website address;

(b) information on its structure and funding including information on the natural persons in charge of dispute resolution, their remuneration, term of office and by whom they are employed;

(c) its procedural rules;

(d) its fees, if applicable;

(e) the average length of the dispute resolution procedures;

(f) the language or languages in which complaints can be submitted and the dispute resolution procedure conducted;

(g) a statement on the type of disputes covered by the dispute resolution procedure;

(h) the grounds on which the dispute resolution entity may refuse to deal with a given dispute in accordance with the provisions of regulation 6(1); and

(i) a reasoned statement on whether the entity qualifies as an ADR entity falling within the scope of these regulations and complies with the quality requirements set out in Part II of these regulations: Provided that in the event of changes to the information referred to in paragraphs (a) to (h), the ADR entity concerned shall without undue delay notify those changes to the Council.

(2) An ADR entity shall communicate to the Council every two years information on:

(a) the number of disputes received and the types of complaints to which they related;

(b) the percentage share of ADR procedures which were discontinued before an outcome was reached;

(c) the average time taken to resolve the disputes received;

(d) the rate of compliance, if known, with the outcomes of the ADR procedures;

(e) any systematic or significant problems that occur frequently and lead to disputes between consumers and traders. The information communicated in this regard may be accompanied by recommendations as to how such problems can be avoided or resolved in future;

(f) where applicable, an assessment of the effectiveness of its cooperation within networks of ADR entities facilitating the resolution of cross-border disputes;

(g) where applicable, the training provided to natural persons in charge of ADR in accordance with regulation 7(4); and

(h) an assessment of the effectiveness of the ADR procedure offered by the entity and of possible ways of improving its performance.