| Abstract [eng] |
Out-of-court consumer dispute settlement, also known as alternative dispute resolution is the main object of research in this master work. European Union by striving to establish an area of freedom, security and justice, improving and facilitating better access to justice for consumers, has been active in promoting alternative dispute resolution. This master thesis analyses mediation as an alternative consumer dispute resolution process, discloses the main problematic aspects of this method: mediation clauses in consumer contracts, suspension of limitations periods, impartiality and neutrality of mediator, confidentiality of mediation, the legal power of the settlements, which are reached during the mediation process and the enforcement of such agreements. Mediation is a dispute resolution process based on consensus, where the parties to a dispute are assisted by the third neutral party, who is not authorized to take a binding decision, to reach and agreement on the settlement of the dispute. In order to make mediation effective for consumers, it is necessary to ensure the flexibility of the mediation process and a sound relationship between the mediation process and judicial proceedings, also to establish minimal criteria to ensure the quality of mediation. It should be also noted that an active role and participation of the mediator is essential in consumer disputes. In order to ensure fairness in mediation process is it necessary to guarantee the protection of consumer rights by instituting qualification requirements for mediators, securing the confidentiality of information disclosed during the mediation process and by defining the legal power of the settlement agreements and assuring the enforcement of the agreements resulting from the mediation. |
