Alternative Dispute Resolution (ADR) or (SAL)
What is ADR?
ADR represents an alternative mechanism to the judicial system, through which consumers are offered the possibility of resolving disputes they may have with traders, when they are faced with a problem related to the purchase of a product or service.
Thus, complaints against traders are presented voluntarily by consumers, to be resolved in an independent, impartial, transparent, fast and fair manner.
The Directorate for Alternative Dispute Resolution has the competence to alternatively resolve national and cross-border disputes arising from sales contracts or service contracts concluded with a merchant operating in Romania, in the sectors of activity in which ANPC is competent.
How is the dispute resolved?
In order to resolve the dispute, the ADR Department runs the mechanism of proposing a solution to the parties, a mechanism according to which, if only one of the parties accepts the proposed solution, the result of the procedure is not binding. If the trader does not accept the proposed solution, the SAL Directorate informs the consumer, by conclusion, about the administrative and judicial appeals that he can resort to to resolve the dispute.
What are the conditions under which the SAL procedure can be accessed?
The dispute could not be resolved directly with the merchant;
The complaint has not previously been analyzed by another SAL entity or by a court, nor submitted to another public authority;
The claim is made within 1 year from the date it was presented to the merchant or from the date of the act that gave rise to the dispute;
Instrumentation of the dispute does not seriously affect the effective functioning of the SAL entity;
The dispute is not promoted in bad faith and is not offensive;
The dispute is under the jurisdiction of the notified SAL entity.
If the SAL Directorate cannot analyze a complaint submitted to it, it will send both parties an explanation of the reasons for not analyzing the dispute within 21 calendar days of receiving the complaint file.