ADR Scheme Rules - EU Net Neutrals

GENERAL RULES
Access to the NetNeutrals platform

Traders pay a monthly or annual fee (based on the number of anticipated claims) for access to the certified NetNeutrals forum for dispute resolution. Paying this fee allows businesses to add a link to the NetNeutrals platform to their websites and provides information for the trader to disseminate to its consumers when an unresolved dispute arises. Smaller traders can also contract individually to participate. The process is designed to operate in compliance with the UNCITRAL Track III Draft Rules.

Additionally, professional and trade associations may contract for dispute resolutions services to be provided to meet regulatory requirements or as a membership benefit.

At any point the consumer may elect to withdraw from the process; however once a case is opened, participating traders may not withdraw before a conclusion has been reached.

Decisions are binding on the trader when participation in the process is required by a regulatory body or as a condition of remaining an association member in good standing.

Registering the dispute

When a dispute between a consumer and trader has not been resolved to the consumer’s satisfaction, a consumer initiates a claim by clicking on the NetNeutrals logo, which is linked to the traders' site, or by going to the NetNeutrals website. If the consumer begins the dispute on the NetNeutrals website, the consumer selects the participating trader or trade organization. The customer then identifies the issues he or she is experiencing.

The NetNeutrals platform is designed for use in the resolution of e-commerce, motor vehicle, and new home construction/warranty disputes. Additionally, the platform can be tailored to assist in resolving Airlines disputes. Some typical Airline-related problems may include: denied boarding, delay, cancellation, destruction/damage/loss of baggage, destruction/damage/loss of items worn or carried by passenger, problems faced by disabled passengers, and any further general disputes arising where the consumer alleges that the business is not trading fairly.

Next, the consumer enters in the specific details and uploads any photographs or documents that may help describe the problems. Then the consumer indicates what they would like from the trader. Possible resolution choices include apology, refund, replacement, repair, etc.

Claims can also be initiated by the consumer via post. An administrator is available at the NetNeutrals office to receive and review claims. The administrator enters the consumer’s information in the website, prints those details and posts it to the consumer, who confirms the details or notifies the administrator of any needed changes.

Inform the Trader

Within one business day NetNeutrals informs the trader that a case has been opened. The business can log on and see the name of the consumer, how they described the problem and what the customer believes would resolve the issue.

Find a solution

Once a case is opened, both parties are provided access to a confidential online forum where they can communicate with one another using various tools and templates to find an acceptable solution. These include diagrams and graphics that help to explain the issue at the root of the dispute, tools to upload images or other supporting documentation, suggestions for possible methods of redress, and templates for drafting apologizes and other communication between the parties.

If the trader believes negotiation will not be productive, it can move directly to mediation. Furthermore, if the trader also believes mediation will not be productive, it can move directly to adjudication.

Unable to agree

If the parties are unable to come to an agreement, they have the option of inviting a trained mediator or neutral (ADR official) into the forum to facilitate in finding a resolution. Inviting the Neutral into the case triggers an additional fee to be paid by the trader. If the resolution is not reached through mediation, the neutral will file a proposed settlement that the parties can comment on, and then choose to accept or decline.

Adjudication
In the event the parties are not able to settle the dispute using mediation, the trader can file for adjudication. In this process, a new neutral reviews the entire case file and makes a decision.

European Commission's ODR Platform and ADR Entities
The 'Your Europe' portal gives individuals and businesses practical informaiton on their rights and opportunities in the EU. It focuses on real-life, cross-border situations, e.g. European citizens wishing to work or study in another country in the EU, or European businesses wanting to move to or open a new branch in another country in the EU.

A complete list of EU-approved ADR entities can be found Here.