Redress

When a dispute with a trader cannot be resolved directly, you do not always need to go to court. Alternative Dispute Resolution (ADR) offers a faster, simpler, and less expensive way to solve consumer conflicts through a neutral third party.

What is Consumer ADR?

ADR procedures involve a neutral entity (such as an ombudsman, mediator, or arbitration board) that helps parties reach an agreement or issues a decision.

• Voluntary Participation: In Poland and most EU countries, participation in ADR is voluntary—both the consumer and the trader must agree to engage in the process.

• Cost & Time Effective: Most procedures are free or require only a nominal fee and are designed to be completed within 90 days.

Main Types of ADR Systems

• Mediation & Conciliation: A neutral party helps both side negotiate an amicable settlement. The mediator does not impose a decision, but helps structure the solution based on fairness and good practices.

• Arbitration: An arbitrator or arbitration panel reviews arguments and evidence from both sides and issues a formal, legally binding decision similar to a court judgment.

• Complaint Commissions: Joint boards set up by consumer organisations and trade associations to resolve sector-specific disputes.

EU Quality & Fairness Standards

Under EU Directive 2013/11/EU and Polish law, all accredited ADR entities must meet strict quality requirements:

• Impartiality & Expertise: Cases are handled by independent experts free from conflicts of interest.

• Transparency: Rules, procedures, costs, and average timeframes must be clearly published online.

• Accessibility: Consumers can submit claims easily without needing a lawyer.

• Fairness: Both parties have the right to express their views, access all submitted evidence, and receive a written explanation of the outcome.

Court Alternative: European Small Claims Procedure

For cross-border disputes within the EU where ADR is not an option (e.g., the trader refuses to participate), you can use the European Small Claims Procedure.

• Designed for cross-border civil and commercial claims up to €5,000.

• A simplified, written court procedure using standard multilingual forms, eliminating the need for complex legal representation.

Legal Basis

• EU Law: Directive 2013/11/EU on Alternative Dispute Resolution for consumer disputes.

• Polish Law: Act of 23 September 2016 on out-of-court resolution of consumer disputes.

• Note on ODR: The former EU Online Dispute Resolution (ODR) platform was officially discontinued by the European Commission in July 2025. To find an accredited ADR body in any EU country, you can consult the official EU ADR register or contact European Consumer Centre Poland for guidance.