Role of Consumer Policy Section in Nominating Alternative Dispute Resolution Bodies to the European Commission

Alternative Dispute Resolution (ADR)

An Alternative Dispute Resolution (ADR) body is an organisation that aims to solve disputes without going to court. There are two different types of ADR - Arbitration and Mediation. Arbitration is a consensual procedure for the settlement of disputes under which both parties agree to be bound by the decision of the arbitrator. The arbitrator's decision is final and legally binding on both parties. In Ireland arbitration is governed by the Arbitration Acts, 1954 - 2010. With Mediation, as in arbitration, both parties agree to use a neutral third party to help solve a dispute. However the terms of agreement are decided by the parties rather than by the mediator. This is not legally binding or enforceable through the courts but an agreement can be put into a legally binding format.

European Commission Recommendations

European Commission Recommendation 98/257/EC (PDF, 41KB) identifies a set of principles which bodies responsible for out-of-court settlement of consumer disputes should follow in order to ensure a common minimum standard across the EU. The Body examines the evidence in a consumer dispute and makes a decision/recommendation on behalf of both parties.

Similarly European Commission Recommendation 2001/310/EC (PDF, 119KB) identifies a set of principles which out-of-court bodies involved in the consensual resolution of consumer disputes should follow. Both parties, involved in the consumer dispute, come together and a decision is reached and agreed by them alone, the body allows the parties to discuss the problem in a constructive manner and at no time influences their decision

Member States have been asked to notify the Commission of such bodies meeting the common principles for inclusion in its database of notified out-of-court bodies (with whom Centres from the European Consumer Centre Network liaise on behalf of consumers). .

Consumer Policy Section is responsible for notifying out-of-court bodies in Ireland to the Commission for inclusion in its database.

European Consumer Centre Network and ADR

The European Consumer Centre (ECC) Network is a network of Centres, established by the European Commission together with Member States, which, amongst other functions, provides consumers with information on available Alternative Dispute Resolution schemes, as well as legal advice and practical help in pursuing a complaint by this means. ECCs, including the Dublin European Consumer Centre located at European Consumer Centre, MACRO Centre, 1 Green St., Dublin 7 (Telephone: 01-8797620 or e-mail info@eccireland.ie), liaise with their national ADR bodies included on the European Commission database in fulfilling their ADR function. In Ireland, the Dublin ECC is the first point of contact for ADR bodies wishing to be notified to the European Commission and recommends such bodies to Consumer Policy Section having considered their application.

Nominated ADR bodies in Ireland

The Department of Jobs, Enterprise and Innovation has nominated five Irish ADR bodies

List of nominated ADR Bodies in Ireland adhering to European Commission Recommendation 98/257/EC (PDF, 41KB)

• Advertising Standards Authority of Ireland (ASAI)

• The Financial Services Ombudsman’s Bureau

• The Office of the Pensions Ombudsman

• Scheme for Tour Operators, Chartered Institute of Arbitrators

• Direct Selling Association of Ireland

Becoming a notified body

Any out-of-court/ADR body which, having examined the European Commission Recommendations, considers it could qualify for notification should complete the Department's application form for Recommendation 98/257/EC (DOC) or the application form Recommendation 2001/310/EC (DOC) as appropriate and submit same to the Dispute Resolution Adviser, European Consumer Centre, MACRO Centre, 1 Green St., Dublin 7, Ph: 01 – 8797620, E-mail info@eccireland.ie). The Dispute Resolution Adviser at the ECC and the relevant official in Consumer Policy Section then use a Review form for Recommendation 98/257/EC (DOC) or a Review form for Recommendation 2001/310/EC (DOC) as appropriate, in order to assess the application and decide if it is appropriate to notify the body to the European Commission.

Consumer Policy Section has drawn up Guidelines and Procedures which it follows in processing and following up on applications for notifications.