Disputes between consumers and traders are a reality. Luckily, the majority of these disputes are resolved amicably between the two parties after the consumer draws the trader’s attention to the problem encountered. However, there are some complaints which are not easily resolved, and which may require third-party intervention.
When faced with an unresolved claim against a trader, local consumers may seek the assistance of the Office for Consumer Affairs. This office provides two main types of redress. One of these is the conciliation process which kickstarts as soon as consumers lodge a formal complaint with this office.
During this process, the complaints officer handling the consumer’s complaint communicates with the trader with the aim of reaching an amicable solution. If this conciliation process proves unsuccessful, consumers may then opt to take their claim before the Consumer Claims Tribunal.
The other type of redress available to consumers is the alternative dispute resolution (ADR). This is an out-of-court mechanism that assists the two parties come to an understanding through the use of an independent, neutral third party. The main advantages of ADR are that they are easier, faster and less expensive than going to court.
Consumer redress is provided through a number of ADR entities that handle consumer complaints in specific service sectors. The main function of the ADR entity is to bring the conflicting parties together with the aim of facilitating an amicable solution. The ADR also has the important role of proposing a possible solution.
This dispute resolution mechanism is available to all EU consumers as in each EU country there are registered ADR entities that can assist consumers solve their disputes with traders out of court.
In Malta, the Complaints and Conciliation Directorate within the Office for Consumer Affairs is established as Malta’s residual ADR entity. This safeguards consumers’ right to have access to out-of-court settlement regardless of the nature of the purchase and where the purchase was made.
For a case to be submitted for the ADR procedure, both consumers and traders have to agree to settle their dispute through ADR. The parties, however, may opt to withdraw from the ADR procedure at any stage and for any reason. If an amicable agreement is reached between the two parties, this is confirmed through a private writing.
With regard to disputes concerning purchases made online, the European Online Dispute Resolution (ODR) platform links all national ADR entities registered across the EU.
This platform is available in all the official languages of the EU and it serves as a single point of entry for consumers and traders seeking to settle disputes emerging from online transactions, irrespective of where the contract was concluded.
In fact, this tool may also be used for domestic online purchases. Consumers may send their complaint directly to the trader via the ODR platform and reach an agreement through the ADR entity handling the dispute.
Local consumers who require assistance in submitting a complaint through the ODR platform may contact the European Consumer Centre Malta.
More information on the ADR mechanism may be found on the ADR website which can be accessed through this link: https://adr.mccaa.org.mt/ or by sending an e-mail at: info@mccaa.org.mt.
www.mccaa.org.mt