ODR clause

Consumer Dispute Resolution
Alternative Dispute Resolution (ADR) Mechanisms

Providers of goods and services are legally required to inform consumers about the existence of Alternative Dispute Resolution (ADR) mechanisms, which offer simple, quick, and low-cost (or free) solutions to resolve consumer disputes.

1. What is Alternative Dispute Resolution (ADR)?

ADR consists of mechanisms that resolve disputes between consumers and providers of goods or services without going to court. These solutions, generally voluntary, include mediation, conciliation, and arbitration, with the following advantages:

  • Speed and efficiency in resolving conflicts;
  • Reduced or no costs for consumers;
  • Confidentiality in handling disputes;
  • Promoting amicable agreements between parties.

2. What are the main ADR mechanisms?

ADR includes:

  • Mediation: An impartial mediator helps the parties find an amicable solution.
  • Conciliation: The conciliator proposes a solution and facilitates an agreement between the parties.
  • Arbitration: An arbitrator resolves the dispute according to the law or equity principles. The arbitral decision has the same force as a court ruling.

3. What are the obligations of providers?

Under Law No. 144/2015, of September 8, which transposes Directive 2013/11/EU, and Regulation (EU) No. 524/2013, providers of goods and services must inform consumers about:

  • The existence of ADR mechanisms, such as mediation, conciliation, and arbitration, as alternatives to traditional judicial procedures.
  • The available ADR entities, providing their contact details.

Although joining an ADR entity is voluntary, consumers may contact these entities, which will attempt to facilitate conflict resolution, even when the provider is not formally affiliated with them.

4. What information must be provided to consumers?

  • In physical commerce:
    Providers must disclose the competent ADR entities, such as:

    • Consumer Information and Arbitration Centre of Porto (CICAP)
    • Consumer Information and Arbitration Centre of Vale do Ave (CIAVE) - Guimarães
    • Consumer Information and Arbitration Centre of Vale do Cávado (CIAB) - Braga
    • Consumer Dispute Arbitration Centre of Coimbra District
    • Consumer Dispute Arbitration Centre of Lisbon
    • Consumer Dispute Arbitration Centre of Algarve
    • National Consumer Conflict Information and Arbitration Centre (CNIACC)

  • In online commerce:
    If you experience issues with an online purchase, you can use the Online Dispute Resolution (ODR) Platform of the European Union, accessible to EU residents transacting with merchants based in the EU.

For more information, consult the indicated ADR entities or the ODR platform at ec.europa.eu/consumers/odr.