PROBLEMS OF REGULATION OF THE ALTERNATIVE DISPUTE RESOLUTION MECHANISM IN CONSUMER DISPUTES IN LITHUANIA

1. PROBLEMS OF REGULATION OF THE ALTERNATIVE DISPUTE RESOLUTION MECHANISM
IN CONSUMER DISPUTES IN LITHUANIA
The issue of access to justice for consumers is a relevant one both at EU level and in Lithuania.
Alternative dispute resolution as the alternative to court proceedings, too, is the topic of much debate.
Five problematic issues of the alternative dispute resolution mechanism in Lithuania:
Firstly, the regulation of alternative dispute resolution is chaotic. Alternative dispute resolution in
consumer disputes is regulated by the Law on Consumer Protection, which stipulates general provisions,
and by the laws regulating specific legal relationships, which are accordingly specified by secondary legal
acts (even though the subject matter of a dispute does not cause the necessity to apply any specific
procedural rules). Such a variety of rules governing the process of dispute resolution creates considerable
problems when applying and interpreting legal provisions regulating dispute resolution.
Secondly, alternative dispute resolution and the administrative procedure regulated by administrative
law are not properly separated. This fact causes difficulties in reaching the main goal of alternative
dispute resolution, namely, resolution of a dispute between the consumer and the businessman.
Thirdly, it is assumed that the relationship between alternative dispute resolution and the mechanism of
control of unfair terms is unclear.
Fourthly, Lithuanian alternative dispute resolution entities not only examine disputes between
consumers and businessmen, but also have relevant powers in the field of market supervision.
Fifthly, the monitoring of the alternative dispute resolution mechanism is not implemented in Lithuania,
although the data received from monitoring would certainly permit timely identification of relevant
problems of the alternative dispute resolution mechanism, the reasons which cause such problems and
advantages of the system. Moreover, such data would without any doubt positively influence the
development of a common alternative dispute resolution system policy and its improvement.
Source:
Bublienė, D.; Zemlytė, E. (2012). Alternatyvaus vartojimo ginčų sprendimo mechanizmo reguliavimo
problemos Lietuvoje. Current Issues of Business and Law, 7(2), 280–299.