Alternative dispute resolution

• Author: Mihaela Irina Ionescu
• Position: Lecturer, PhD, 'Nicolae Titulescu' University of Bucharest (e-mail: mihaelairinaionescu@anpc.ro).
• Pages: 89-92

LESIJ NO. XXII, VOL. 2/2015

ALTERNATIVE DISPUTE RESOLUTION

Mihaela Irina IONESCU

Abstract

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that

act as a means for disagreeing parties to come to an agreement sho rt of litigation. It is a collective

term for th e ways that parties can settle disputes, with (or without) the help of a third party.Despite

historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread

acceptance among both the general public and the legal profession in recent years. In fact, some courts

now require some parties to resort to ADR of some type, before permitting the parties' cases to be tried.

The rising popularity of ADR can be explained b y the increasing caseload of traditional courts, the

perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire

of some parties to have greater con trol over the selection of the individual or individuals who will

decide their dispute.Directive 2013/11/EU of the European Parliament and of the Council on

alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and

Directive 2009/22/EC (hereinafter „Directive 2013/11/EU”) aims to ensure a high level of consumer

protection and the proper functioning of the internal market by ensuring that complaints against traders

can be submitted by consumers on a voluntary basis, to entities of alternative disputes which are

independent, impartial, transparent, effective, simple,quick and fair.Directive 2013/11/EU establishes

harmonized quality requirements for entiti es applying alternative dispute resolution procedure

(hereinafter "ADR entity") to provide the same protection and the same rights of consumers in all

Member States.Besides this, the present study is trying to present broadly how are all this trasposed in

the romanian legislation.

Keywords: alternative dispu te resolution, complaints, consumers, EU regulation, national

legislation.

Introduction

At present, at European Union level,

differences between Member States

regarding complaints systems both in terms

of sectors covered by t hese and quality

procedures are noticed. T hese differences

represent a barrier to the internal market and

is one of t he reasons why many consumers

do not p urchase goods and services from

another Member State and do not have

confidence that potential d isputes with

traders could be solved in an easy, quick and

inexpensive manner. Given these issues, it

 Lecturer, PhD, “Nicolae Titulescu” University of Bucharest (e-mail: mihaelairinaionescu@anpc.ro).

was considered important to implement

common principles in all Member States for

solving consumer complaints.

In this regard, in May 2013, Directive

2013/11/EU of the European Parliament

and of the Council on alternative dispute

resolution for consumer disputes a nd

amending Regulation (EC) No 2006/2004

and Directive 2009/22/EC (Directive on

consumer ADR) and Regulation (EU) no

524/2013 of the European Parliament and

of the Council of 21 May 2013 on online

dispute resolution for consumer disputes

and amending Regulation (EC) No