Mediation
HOW IS MEDIATION HANDLED?
A mediation procedure may be initiated from the very beginning, when the complaint is opened by the trader, if the trader chooses to use credits for this type of service.
NAIS recommends that, before proceeding to mediation, traders negotiate directly with their customers regarding their complaints and request the assistance of a mediator only if they are unable to reach an agreement.
Mediation may also be initiated at any time during the direct negotiations, at the request of either party and with the explicit consent of both parties. This is done by clicking the I WANT MEDIATION button.
Mediation is one of the most effective methods of out-of-court dispute resolution and ensures equal standing for the consumer and the trader throughout the negotiation process. Both parties participate voluntarily in the procedure and discuss possible solutions to the dispute with the assistance of a third neutral and impartial person – a mediator – who helps them reach a mutually acceptable agreement. The participants in the procedure – the consumer, the trader and the mediator – undertake to maintain confidentiality regarding the discussions held during the mediation.
If both parties agree to proceed with mediation, the selected mediator has 3 days to review the information relating to the complaint and contact the parties in order to start a chat between them on the NAIS platform.
The mediation procedure at the NAIS ADR Centre is conducted in accordance with the Centre's Rules of Procedure, as well as the Mediation Act and the applicable secondary legislation.
The consumer and the trader may terminate the mediation at any time. They may also request the recusal and replacement of the mediator if they have doubts regarding the mediator's impartiality and neutrality.
Communication between the mediator, the trader and the consumer takes place entirely online through messages on the platform. The mediator assists them in reaching an agreement by holding a joint discussion with both parties, as well as separate discussions with each of them, in order to:
- identify the issues in dispute, overcome communication barriers between the parties and identify their common interests;
- explore possible options for resolving the dispute and negotiate an agreement settling some or all of the disputed issues.
The mediator does not provide legal advice.
Mediation may end:
- Without an agreement being reached, in which case either party may terminate the procedure without any legal consequences for them; or
- With an agreement being reached, to which the parties give their consent electronically through the platform.
The content of the agreement is proposed by the parties, and the mediator reproduces it on the online platform, from where the consumer and the trader can download it.
After carefully reading the agreement and making sure that it accurately reflects everything they have agreed upon, each party confirms that they agree with and accept it.
Important! Mediation may only be initiated if the associate member has paid the membership fee and the €56.24 fee for conducting the mediation procedure.Registration as a consumer or trader on the NAIS online platform can be completed here.
NAIS ADR Centre Rules of Operation
General Terms and Conditions for Conducting a NAIS Procedure