Establishment of alternative dispute resolution

Alternative Consumer Dispute Resolution (ARS)

Since February 1, 2016, a system of alternative resolution of consumer disputes has been operating in Slovakia, created by Act no. 391/2015 Coll. on alternative resolution of consumer disputes and on amendments to certain laws as amended.

Who resolves consumer disputes?

If a consumer has a problem with a merchant because of a purchased good or service, the consumer can contact the relevant ARS entity, which is included in the list. Entities resolve disputes out of court, the process is less formal, but they must follow the procedure regulated by law.

The entities included in the list have undertaken to comply with the law. In addition to these "notified/certified" entities entered in the list, there are also other persons (both natural and legal entities) who resolve consumer disputes alternatively or out of court. However, if these persons are not entered in the list, they do not have to comply with the ARS Act, and at the same time, the seller is not obliged to cooperate with such persons. For this reason, we recommend always checking whether the given person is on the list.

What is the procedure for ARS?

If a dispute arises between the consumer and the trader from the exercise of rights from liability for defects or the consumer believes that the trader has violated his rights, he has the opportunity to contact the trader with a request for correction. If the merchant does not respond to this request within 30 days from the date of dispatch or responds negatively to it, the consumer can contact the relevant entity with a proposal to start ARS.

The entity will review the proposal to determine whether it can initiate ADR or whether it will reject the proposal based on its reasons set out in the ADR rules. The entity informs the consumer about the refusal.

After the initiation of ARS, the entity contacts both parties to the dispute and tries to resolve the dispute between them by seeking compromises so that the rights of the affected persons are respected. In the case of ARS, in order to resolve the dispute as quickly as possible, the subject addresses the parties to the dispute mainly electronically or by telephone; the entity should end the dispute within 90 days (in complex cases, the deadline may be extended).

More information.