What Are Conciliatory proceedings?
1. Is using the methods of out-of-court resolution of consumer disputes voluntary?
Yes, both the passenger and the operator may refuse participation in the proceedings or withdraw from them at any stage. Each of the parties may not express their consent to the suggested resolution.
2. What is the objective of conciliatory proceedings?
The objective is to work out a compromise that will be satisfactory for both Parties. Therefore, it is important that each of the Parties be open to looking for various possibilities for conflict resolution. Its completion may be impossible if both the passenger and the operator are not ready for compromises relative to their demands and expectations during the proceedings. Think about whether you would accept limiting your claim, and if you acknowledge the solution to a dispute in a form of compromise. Remember that during the proceedings you may present your own suggestions for dispute resolution, provide additional materials and evidence.
3. Are the proceedings always finalised with a presentation of the suggested resolution by the Ombudsman?
No. In the course of the proceedings, the Parties, supported by the Ombudsman, may work out the way to resolve a dispute that would be satisfactory for both of them. Such resolution is most beneficial in terms of the conciliatory proceedings objective. During the proceedings, the Ombudsman seeks to achieve a compromise. Only in the event that its attempts fail will the Ombudsman present its suggestion that takes account of the arguments of both the passenger and the operator.
4. Can a dispute resolution consist only in taking account of my demand or a verdict that I am wrong?
Yes. The objective of conciliatory proceedings is to find a resolution that would please both Parties. In order to achieve this, both the passenger and the operator should be ready to compromise. If a compromise cannot be achieved in the exchange of opinions between the Parties, it may occur that the Ombudsman, having taken account of the arguments of both Parties, will present a suggested resolution for dispute that will be in whole or in part favourable for the operator.
5. What does it mean that the Ombudsman is impartial?
It means that the Ombudsman takes account of the interests of both the passenger and the operator. If the parties fail to reach consensus, the Ombudsman presents a suggested dispute resolution that takes into account the arguments of both Parties which is possibly satisfying for them both.
6. May I disclose the details of conciliatory proceedings, e.g. the operator’s position or a justification of the suggested dispute resolution presented by the Ombudsman?
The Parties should keep the arrangements of conciliatory proceedings confidential, including submitted conciliatory suggestions, suggestions of mutual compromises, or other statements presented in the course of the proceedings. Also, both the operator and the passenger should not disclose the arguments indicated by the Ombudsman in the suggested dispute resolution.
7. Can the Ombudsman or the persons handling conciliatory proceedings disclose the arrangements made in the course of the proceedings?
No. The proceedings before the Ombudsman are confidential.