Alternative Dispute Resolution

The term Alternative Dispute Resolution (ADR) includes all means of redress to resolve a complaint/dispute without going to court. Typically, ADR mechanisms are quicker, with simplified procedures and cost less than going to court. The European Online Dispute Resolution (ODR) platform is provided by the European Commission to make online shopping safer and fairer through access to quality dispute resolution tools.
Directive 2013/11/EU on Alternative Dispute Resolution for Consumer Disputes (ADR Directive) provides the legal framework for ADR. It ensures that consumers have access to ADR for resolving their contractual disputes with traders in all economic sectors where it is applicable, irrespective of where the contract was concluded. Sectors excluded from the scope of this directive are services regarding health and higher education.
To be recognised as an ADR body, the organisation must comply with several criteria as laid down in the ADR Directive, namely:
• Expertise
• Independence
• Neutrality
• Transparency
• Effectiveness
• Equity
Some ADR entities offer their services free of charge to consumers; however, other ADR entities charge a fee.
Regulation 524/2013 on Online Dispute Resolution for Consumer Disputes (ODR Regulation) provides the set-up of the EU Online Dispute Resolution Platform. Through Article 5 of this Regulation, the European Commission developed the ODR Platform. It serves as a single point of entry for consumers and traders seeking the out-of-court resolution of disputes covered by the Regulation. The platform links the National ADR entities notified by the Member States. The ODR Regulation applies to the out-of-court resolution of disputes concerning contractual obligations stemming from online sales or services contracts between consumers and traders residents and established within the EU through the intervention of an ADR entity.

ADR Bodies in Malta
MCCAA Alternative Dispute Resolution System – Complaints and Conciliation Directorate (Residual ADR)
Address
Malta Competition and Consumer Affairs Authority (MCCAA)
Mizzi House, National road
HMR9010 Blata L Bajda
Malta
Contact information
Email address: [email protected]
Website: https://adr.mccaa.org.mt
Phone: +356 23952000

The entity is competent for disputes in the following sectors
• Consumer Goods and services
• Water
• Electricity
• Gas
• Other energy sources
The entity is competent for disputes initiated by Consumers against traders (C2B)
The entity is competent for disputes against traders established in Malta
Fees
No fees have to be paid by the consumer or the trader
Language(s)
• English
• Maltese

The procedure has an average length of ninety (90) days
The procedure has an average length of ninety (90) days
The procedure is done in writing, orally
The entity requires the physical presence of the parties and/or their representative in some cases
Outcome of the procedure
A written agreement between the parties which shall have the legal effect of a private writing.
Grounds for refusal
• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The consumer has not submitted the complaint to the dispute resolution body within two (2) years from the date upon which the consumer submitted the complaint to the trader
• Dealing with the dispute would otherwise seriously impair the effective operation of the dispute resolution body
ADR Malta
Address
202/2, Vincenti Buildings, Old Bakery Street,
Valletta, VLT1453
Malta
Contact information
Email address: [email protected]
Website: http://www.facebook.com/AdrMaltaCentre
Phone: +356 79014837
Fax: +356 21339198
The entity is competent for disputes in the following sectors
• Consumer Goods and services
The entity is competent for disputes initiated by consumers against traders (C2B)
The entity is competent for disputes against traders established in Malta
Fees
€35.40 standard fee to be paid by the consumer
€59 per hour paid in equal by the Consumer and the trader, whatever the value of the goods or services involved
Language(s)
• English
• Italian
• Maltese
The procedure has an average length of 30 day(s)
The procedure has an average length of 30 day(s)
The procedure is done in writing, orally
The entity requires the physical presence of the parties and/or their representative in some cases
Outcome of the procedure
The procedure is binding upon agreement by one or both parties
Grounds for refusal
• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The value of the claim is below or above the required threshold
Office of the Arbiter for Financial Services (Malta)/Ufficju tal-Arbitru Ghas-Servizzi Finanzjarji
Address
First Floor, St. Calcedonies Square,
Floriana, FRN1530
Malta
Contact information
Email address: [email protected]
Website: https://www.financialarbiter.org.mt
Phone: +356 21249245
Fax: +356 21249245
The entity is competent for disputes in the following sectors
◦ Financial Services – Payment account and payment services
◦ Financial Services – Credit (excluding mortgage/home loans)
◦ Financial Services – Mortgages / Home loans
◦ Financial Services – Savings
◦ Financial Services – Other
◦ Investments, pensions and securities
◦ Non-life Insurance – Home and property
◦ Non-life Insurance – Transport
The entity is competent for disputes initiated by consumers against traders (C2B)
The entity is competent for disputes against traders established in Malta
Fees
The fee of EUR 25 has to be paid by the consumer, which is reimbursable in full if:
• the complainant decides to withdraw his or her complaint
• the parties involved in the complaint agree on a settlement of the dispute.
Language(s)
• English
Average length of the procedure (in days or months)
The procedure has an average length of 90 day(s)
Procedure
The procedure is done in writing, orally
The entity requires the physical presence of the parties and/or their representative in some cases
Outcome of the procedure
The procedure is binding on consumers and traders
Grounds for refusal
• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The consumer has not submitted the complaint to the dispute resolution body within the required time limit
EADR Ltd
Address
189/1 The Strand,
Gzira, GZR 1024
Malta
Contact information
Email address: [email protected]
Website: https://eadr.org
Phone: +356 277 801 56
The entity is competent for disputes in the following sectors
• Gambling, lotteries
The entity is competent for disputes initiated by consumers against traders (C2B)
The entity is competent for disputes against traders established in Malta
Fees
No fees have to be paid by the consumer
Fees have to be paid by the trader
Language(s)
The entity is handling the procedure in the following languages:
• English
• German
Average length of the procedure (in days or months)
The procedure has an average length of 90 day(s)
Procedure
The procedure is done in writing
The entity does not require the physical presence of the parties and/or of their representative
Outcome of the procedure
The procedure is binding on consumers and traders
Grounds for refusal
• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The value of the claim is below or above the required threshold
• The consumer has not submitted the complaint to the dispute resolution body within the required time limit
• Dealing with the dispute will seriously affect the functioning of the dispute resolution body

eCOGRA – eGaming Compliance Services Limited (Malta)
Address
77, Windsor Street,
Sliema, SLM 1853
Malta
Contact information
Email address: [email protected]
Website: http://www.ecogra.org
Phone: +44 9(0)2078871480
The entity is competent for disputes in the following sectors
• Gambling, lotteries
The entity is competent for disputes initiated by consumers against traders (C2B)
The entity is competent for disputes against traders established in Malta
Fees
No fees have to be paid by the consumer
Fees have to be paid by the trader
Variable fee
Fees details:
depending on the retainer agreed with the operator
Language(s)
• English
Average length of the procedure (in days or months)
The procedure has an average length of 90 day(s)
Procedure
The procedure is done in writing, orally
The entity requires the physical presence of the parties and/or their representative in some cases
Outcome of the procedure
The procedure is binding upon agreement by one or both parties
Grounds for refusal
• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The value of the claim is below or above the required threshold
• The consumer has not submitted the complaint to the dispute resolution body within the required time limit
• Dealing with the dispute will seriously affect the functioning of the dispute resolution body

Maltese Alternative Dispute Resolution Entity for Gambling (MADRE)
Address
Suite 7, San Michel Building,110, St. George’s Street,
St. Julians, STJ 3203
Malta
Contact information
Email address: [email protected]
Website: https://madre-online.eu/
Phone: +356 20341563

The entity is competent for disputes in the following sectors
• Gambling, lotteries
The entity is competent for disputes initiated by consumers against traders (C2B)
The entity is competent for disputes against traders established in Malta

Fees
No fees have to be paid by the consumer
Fees have to be paid by the trader

Language(s)
• English
• German
• Maltese

Average length of the procedure (in days or months)
The procedure has an average length of 90 day(s)

Procedure
The procedure is done in writing, orally
The entity requires the physical presence of the parties and/or their representative in some cases

Outcome of the procedure
The procedure is binding upon agreement by one or both parties

Grounds for refusal
• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The value of the claim is below or above the required threshold
• The consumer has not submitted the complaint to the dispute resolution body within the required time limit
• Dealing with the dispute will seriously affect the functioning of the dispute resolution body
Pardee Consulta

CONTACT DETAILS

Address
First Floor, Victoria Building, Ghenieq Street,
Naxxar, NXR 3622
Malta

Contact information
Email address: [email protected]
Website: http://www.adrbypardee.eu
Phone: +356 21433000

The entity is competent for disputes in the following sectors
• Consumer Goods and services
• Education
• Energy and Water
• Health
• Leisure Services
• Postal services and electronic communications

The entity is competent for disputes initiated by both consumers and traders (C2B and B2C)
The entity is competent for disputes against traders established in
• Austria
• Belgium
• Bulgaria
• Croatia
• Cyprus
• Czech Republic
• Denmark
• Estonia
• Finland
• Germany
• Greece
• Hungary
• Iceland
• Ireland
• Italy
• Latvia
• Liechtenstein
• Lithuania
• Luxembourg
• Malta
• Netherlands
• Norway
• Poland
• Portugal

Fees
No fees have to be paid by the consumer
Fees have to be paid by the trader

Language(s)
• English
• Italian
• Maltese

Average length of the procedure (in days or months)
The procedure has an average length of 90 day(s)

Conduct of the procedure
The procedure is done in writing, orally
The entity requires the physical presence of the parties and/or their representative in some cases

Outcome of the procedure
The procedure is binding upon agreement by one or both parties

Grounds for refusal

• The consumer did not attempt to contact the trader first to try and resolve the matter bilaterally
• The dispute is frivolous or vexatious
• The complaint is being or has previously been considered by another dispute resolution body or by a court
• The value of the claim is below or above the required threshold
• The consumer has not submitted the complaint to the dispute resolution body within the required time limit
• Dealing with the dispute will seriously affect the functioning of the dispute resolution body

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