ADR IN POLAND

Polish system composes of two big and developed ADR mechanisms functioning on the basis of structures of Trade Inspection (IH) which is the main market surveillance authority in Poland. The local branches of IH run mediation, and 35 Consumer Courts of Conciliaition conducting arbitration within the IH. Both ADR schemes have general, multisectorial capability. In addition there are five other consumer ADR schemes with sectorial competnce:
Banking Ombudsman - arbitration
Insurance Ombudsman - mediation and arbitration
Office of Electronic Communications (UKE) - mediation and arbitration
National Euro-Label certification body (the unit of the international Eur-label scheme arranged at the Institute of Logistics and Warehousing) - complaint commission.

Each system, except the Trade Inspection mechanisms, has a nationwide scope. Howevere the Head Office of Trade Inspection administers a nationwide competence within the mediation procedures in relation to cross-border disputes which occurred between the EU, Iceland and Norway citizens and entrepreneurs having their regisetred office in Poland.

There are three ADR schemes in Poland notified to the European Commision's ADR database, i.e. Banking Ombudsman and Insurance Ombudsman - both memebers of the FIN-NET and the mediation run by the Trade Inspection.

Approximate costs of out-of-court proceedings in Poland

The costs of mediation proceedings are very low (1€) or the procedures are free of charge.

Arbitration may be more expensive and its price depends upon the selected system.
Proceeding before Amicable Consumer Court at Trade Inspection is free-of-charge but the parties are obliged to cover the costs of appointing the expert or ordering the expertise. The fee is returned to the party which will win the case.
In case of the proceeding before the Amicable Consumer Court operating at the President of Office for Telecommunication and Post Regulation, the fee approximately amounts into 20 €.
The application submission for instituting the proceeding before the Bank Ombudsman requires incurring the fee in the amount: 8 €, and when the value of the subject of dispute doesn't exceed 8 €, this fee is reduced to 4 €.
Instituting the proceeding before the Insurance Ombudsman may amount into around 3 € (value of the subject of dispute may not be lower than 250 €). In cases in which the value of dispute subject may not be established, the fee is settled by the super arbitrator. It may not be lower than 20 € in case of dispute inspection in single-person composition or 80 € when the dispute is inspected in the composition of three arbitrators.

Complaint Commission within the Euro-label system doesn't charge any fees for inspection of complaints submitted for its participants.

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