Introduction
The objective of Alternative Dispute Resolution (ADR) is (an attempt) to resolve a dispute between a consumer and a trader amicably with the help of an impartial accredited dispute resolution body, without necessarily having to resort to traditional court proceedings. This is often easier, faster and cheaper than going to court.
ADR in the EU
ADR is regulated by Directive (EU) 2013/11, transposed in Book 4 of the Code of Consumption.
There are ADR bodies in each Member state, either specialised in a dedicated field (f.ex. insurance) or of a more general orientation.
Disputes concerning health care or higher education are not covered by this directive.
ADR in Luxembourg
The MPC is the competent authority that keeps the list of entities qualified to carry out out-of-court settlements of consumer disputes in Luxembourg.
Currently, there are a total of 5 qualified ADR entities, 4 of which are specialised in a certain field.
The fifth is the Mediator of consumption who can as a so-called residual ADR entity be contacted for any dispute arising from a sales or service contract, except for
- those concerning domains covered by the 4 specialised ADR entities,
- non-economic services of general interest provided by the state or other public authorities,
- conflicts between professionals,
- health services,
- public providers of post-secondary or higher education.
The Mediator of consumption is also responsible for receiving all ADR requests.
If, however, another entity, registered on the list held by the MPC, is competent to deal with the dispute, he forwards the request to that entity.
Likewise, it is responsible for informing both consumers and professionals about the out-of-court resolution of consumer disputes.
Disputes relating to online purchases
The European Union provides a specific tool when a dispute arises over an online purchase.
A complaint can be lodged via the online dispute resolution (ODR) platform with an ODR body in any language and in any country of the EU.
A specially dedicated platform on the European Commission website lists all ODR organizations by country.