In the first and second part of this series of tips for consumers on how to file complaints against traders, we considered the option to do so in the company's internal channel or external - electronic platform of ADR Center NAIS nais.bg for Bulgarian citizens and ec.europa.eu/consumers/odr for non-Bulgarian citizens.
We then talked about which bodies can help resolve the dispute with the trader.
We will now describe the path of the complaint specifically in the electronic platform of the Center for Alternative Consumer Dispute Resolution NAIS-nais.bg.
Users can also file complaints to traders in the online platform of NAIS-nais.bg.
It can be done after the registration of the complaintant and the filling the complaint in an electronic form in detail. In case the trader is not in the list of those already registered in the platform, the user can add it himself/herself.
The complaint is checked for admissibility by the center and within 24 hours, if it meets the criteria described in the general terms and conditions, it is forwarded to the trader. He receives it at the contact e-mail address provided by the complainant, examines it and decides whether to continue negotiations directly with the client or to move directly to an ADR procedure assisted by a third-party mediator.
Important! As the ADR procedure is voluntary, the trader may refuse to participate in it.
As a complainant, you will be notified of the trader's decision to proceed through direct negotiations or mediation.
The parties have the opportunity to negotiate in a specially developed chat module by exchanging messages.
In the event that the direct negotiations do not bring the parties to an agreement within 30 days after their expiration or at any time during the negotiations before the expiration of this period, either party may request a switch to mediation by pressing a button on the negotiation screen.
Mediation is the form of ADR, which is applied in the Center for ADR NAIS. In it, a third, neutral, impartial, specially trained person helps the parties reach a mutually beneficial solution.
If the trader agrees to a mediation procedure, the system automatically notifies the complainant and automatically invites a mediator to lead the resolution of the dispute.
If one of the parties does not agree with the choice of mediator, doubts his/her impartiality and independence, they can ask for his/her recusal.
The mediator starts a three-way chat in a specially developed module. In this module there is a possibility for individual chat of each of the parties with the mediator to ensure internal confidentiality. If any of the parties is reluctant to share something with the other, it can be confided solely to the mediator and the latter will keep its confidentiality.
Each of the participants takes a stand on the dispute when and from where there is an opportunity and the other participants receive a message in their e-mails that he/she has input something in the chat.
When the parties reach an agreement, the mediator describes its elements and the system automatically generates a draft agreement, informs them by e-mail and they agree with it in the general chat screen. If the parties need, it may become enforceable by notarization. In case they do not agree, the mediation procedure is terminated.
The practice of NAIS shows that when the trader and the consumer had the will to make an effort to reach an agreement and the case has less property interest, they honor their commitments without the need of agreement enforcement.
If you want to file a complaint against a trader, you can do so on nais.bg, having previously registered in it. For non-Bulgarian citizens the complaint must be submitted in the ODR platform of the European Union.
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