S.L. 378.18 ст. 7Expertise, independence and impartiality.

(1) A natural person in charge of ADR shall:

(a) possess the necessary knowledge and skills in the field of alternative or judicial resolution of consumer disputes, as well as a general understanding of law;

(b) be appointed for a term of office of sufficient duration to ensure the independence of his actions, and shall not be liable to be relieved from his duties without just cause;

(c) not be subject to any instructions from either party or their representatives;

(d) be remunerated in a way that is not linked to the outcome of the procedure; and

(e) without undue delay disclose to the ADR entity any circumstances that may, or may be seen to, affect his independence and impartiality or give rise to a conflict of interest with either party to the dispute he is asked to resolve. The obligation to disclose such circumstances shall be a continuing obligation throughout the ADR procedure. It shall not however apply where the ADR entity comprises only one natural person: Provided that an ADR entity shall in such circumstances have in place procedures to ensure that:

(i) the natural person concerned is replaced by another natural person who shall be entrusted with conducting the ADR procedure; or, failing that,

(ii) the natural person concerned refrains from conducting the ADR procedure and, where possible, the ADR entity proposes to the parties to submit the dispute to another ADR entity which is competent to deal with the dispute; or, failing that,

(iii) the circumstances are disclosed to the parties and the natural person concerned is allowed to continue to conduct the ADR procedure only if the parties have not objected after they have been informed of the circumstances and their right to object: Provided further that the provisions of sub-regulation (1)(e) shall be without prejudice to the provisions of regulation 10(2)(a).

(2) Where the persons responsible for the ADR form part of a collegial body, the entity concerned shall ensure that there is an equal number of representatives of consumers’ interests and of representatives of traders’ interests in that body.

(3) Where the persons responsible for the ADR are employed or remunerated exclusively by a professional organisation or a business association of which the trader is a member, the ADR entity concerned shall ensure that, in addition to the general requirements set out in sub-regulations (1) and (2), they have a separate and dedicated budget at their disposal which is sufficient to fulfil their tasks: Provided that this sub-regulation shall not apply where the persons responsible for the ADR form part of a collegial body composed of an equal number of representatives of the professional organisation or business association by which they are employed or remunerated, and of consumer organisations.

(4) For the purposes of sub-regulation (1)(a), the Council shall actively encourage and assist ADR entities to provide training for natural persons in charge of ADR:

Provided that where such training is given, the Council shall monitor the training schemes established by ADR entities on the basis of information communicated to it in accordance with regulation 19(2)(g).