RULES
on conducting a conciliation procedure in consumer disputes
of the Center for Alternative Dispute Resolution (CARS) “Consensus”
Chapter 1
Scope
Art. 1. (1) These Rules govern the conciliation procedure of the Center for Alternative Dispute Resolution (CARS) “Consensus” /the Center/ in national and cross-border consumer disputes of a private nature, in accordance with the requirements of Section II. “Alternative Resolution of Consumer Disputes” of the Consumer Protection Act.
(2) The existence of a pending court or arbitration process on the same dispute is not an obstacle to initiating conciliation under these Rules.
Chapter 2
Conciliator
Art. 3. (1) The Center shall appoint a neutral conciliator, based on the nature of the dispute and the qualifications of the conciliator. The Center shall notify the conciliator and the parties of this decision and shall set a deadline within which each of them shall justify its position on it /to accept or object to the participation of the conciliator appointed by the Center/.
(2) Upon acceptance to conduct the conciliation proceedings, the conciliator shall submit to the Center and to the parties participating therein a written declaration of independence and impartiality in carrying out the conciliation, as well as of confidentiality with respect to the facts and circumstances that have become known to him in this regard.
(3) In the presence of a conflict of interest that prevents him from applying the principles of impartiality, independence and confidentiality, the conciliator shall refrain from participating in the conciliation procedure and, if possible, propose to the parties to refer the dispute to another conciliator.
(4) The conciliator shall continue his participation in the conciliation procedure if the parties to the dispute have not objected after having been informed of the circumstances and of their right to object.
(5) In the event of an objection to the participation of the conciliator selected by the Center, the parties may request the Center to select another conciliator or to appoint one.
(6) Except with the consent of the parties, the conciliator may not be an arbitrator, representative or advisor to any of them in arbitration proceedings on the same dispute.
(7) The parties undertake not to call the conciliator as a witness in a court or arbitration trial on the dispute subject to conciliation, except with mutual consent.
(8) If the conciliator dies, refuses to conduct the proceedings or fails to perform his duties, he shall be replaced by a new conciliator in accordance with the procedure set out in para. 1.
(9) Conciliators shall work at the Center as civil contract experts, employed for a period of 5 years. This period may be extended without limitation.
Chapter 3
Principles and rules of conciliation
Art. 4. In the conciliation procedure, the conciliator shall be guided by the facts, the applicable law and fairness and the principles of expertise, independence, impartiality, transparency, efficiency, fairness, freedom and legality.
Art. 5. (1) In order to clarify the disputed circumstances and to discuss the possible concessions that each party would be willing to make with a view to the voluntary settlement of the dispute, the conciliator may meet with each party separately - in person or online. The Center, at its discretion, may invite the parties to jointly discuss the possible options for conciliation - in person or online. The Center shall provide free premises for in-person meetings of the conciliator with the parties.
(2) The parties shall participate in the conciliation proceedings in person or through expressly authorized representatives. They may also be assisted by advisors. Third parties may attend meetings with the conciliator only with the consent of the parties.
(3) If the conciliation proceedings have achieved their objective, a conciliation proposal shall be prepared which, if accepted by the parties, shall acquire the character of a settlement. A copy of the parties’ declaration of intent and the conciliation proposal shall be attached to the conciliation file.
Art. 6. The parties may use as evidence in court or arbitration proceedings, unless one of them has expressly stated otherwise in the course of the proceedings:
(a) the statements or proposals made by the other party during the attempt at conciliation;
(b) the proposals made by the conciliator;
(c) the fact that one of the parties has expressed readiness to accept the conciliator’s proposals for settlement.
Art. 7. The conciliation proceedings shall be conducted in Bulgarian, Russian or English, in accordance with the express wish of the parties, indicated in the application and the letter of positive approval, to resolve the dispute through a conciliation procedure.
Art. 8. The Center handles disputes in the following sectors:
TRADE IN GOODS OF ANY NATURE ON-SITE AND ONLINE, such as:
o Electrical appliances, household appliances
o Mobile phones, computers and software
o Furniture
o Textiles, footwear and accessories
o Children's goods
o Other household goods
ENERGY AND WATER
o Water
o Electricity
o Gas
o Other energy sources
FINANCIAL SERVICES
Financial services - current account and payment services
Financial services - credit (excluding mortgages/home loans)
Financial services - mortgages/home loans
Financial services - savings
Financial services - other
Investments, pensions and securities
Insurance, other than life insurance - home and property
Insurance, other than life insurance - transport
Insurance, other than life insurance - travel
Insurance, other than life insurance - health, accident and other
Insurance - life
MISCELLANEOUS CONSUMER SERVICES
Real estate services
Construction of new buildings
Building maintenance and repair services
Furniture and household goods transport and storage services
Home cleaning services
Personal hygiene and beautification services
Cleaning, repair of clothing, apparel and rental shoes
Auxiliary, consulting and intermediary services
Maintenance and repair of vehicles and other means of transport
Legal services and accounting
Funeral services
Child care
Pet services
HOLIDAY-RELATED SERVICES
Hotels and other holiday establishments
Tourist packages
Travel agency services
Timeshare and similar services
Restaurants and bars
Sports and hobby services
Cultural and entertainment services
Gambling, lotteries
Other holiday-related services
POSTAL SERVICES AND ELECTRONIC COMMUNICATIONS
Postal services and courier services
Fixed telephone services
Mobile telephone services
Internet services
Television services
Other communication services
TRANSPORT SERVICES
Tram and bus transport, metro
Railway transport
Airlines
Taxis
Sea, river and other water transport
Transport infrastructure services
Vehicle rental
Chapter 3
Conciliation procedure
Art.9. When resolving consumer disputes by the Center for Alternative Dispute Resolution "Consensus", the Center acts as an alternative dispute resolution body.
Art.10. (1) The procedure for alternative dispute resolution before the Center for Alternative Dispute Resolution begins after submitting an application by a "consumer" within the meaning of § 13 item 1 of the ZPA. The application must be accompanied by evidence that the consumer has tried to resolve the dispute directly with the trader. The application may be submitted in one of the following ways:
a) by mail
b) to the e-mail address of the Center - ADR body
c) through the electronic platform for online dispute resolution on the Center's website www.mediationcenter.bg/cacr/.
(2) The application under paragraph 1 shall be submitted within two years from the date on which the consumer sent his complaint to the trader.
(3) If all documents necessary for the resolution of the dispute are attached and there is no missing data for the initiation of the proceedings, including evidence that the consumer has tried to resolve the dispute directly with the trader, the consumer shall automatically receive an incoming number for his file. If data regarding the nature, subject matter, facts and circumstances of the dispute, as well as evidence that the consumer has tried to resolve the dispute directly with the trader, are missing, the applicant shall be notified of what he must supplement or attach within 5 days of receiving the instruction.
(4) The Center shall send an e-mail request to the trader, accompanied by a copy of the documentation on the dispute /or access to an e-file/ and a request for positive approval to resolve the dispute through ADR, with an indication that it must be received by the Center within 5 days of receiving the documents.
Art. 11. The presence of the parties before the Center is not required. The Center shall consider the disputes on the basis of documents, evidence, expert opinions and opinions provided by the parties. Only if necessary or at the expressed desire of the parties shall a hearing of the parties be organized to clarify significant facts and circumstances for the proper resolution of the dispute.
Art. 12. The parties to the dispute are not obliged to use the services of a lawyer or other legal professional, but may seek an independent opinion or be represented by a third party at any stage of the procedure.
Art. 13. (1) The dispute between a consumer and a trader shall be considered on the merits within 14 days after the expiry of the deadlines for receiving all documents, opinions and collecting evidence. In cases of factual or legal complexity, the deadline may be extended to 20 working days.
(2) The average duration of the conciliation procedure is between 30 and 60 days, depending on the complexity of the dispute and the need to collect evidence.
Art. 14. (1) The grounds for refusal of the Center to initiate conciliation proceedings in consumer disputes are:
a) The dispute is insignificant – with a value of interest below 50 BGN, or with a value of interest above 25,000 BGN;
b) The dispute is of significant legal complexity;
d) The dispute has been considered by another ADR body and has ended with an effective agreement approved by the court or has been considered by the court with an effective decision.
(2) The grounds for refusal of the Center to initiate conciliation proceedings under para. 1 do not prevent the consumer from submitting an application for dispute resolution to another ADR body or to the court, including in cases of cross-border disputes.
Art. 15. After considering the dispute on the merits within the period under Art. 13, the Center prepares and accepts a conciliation proposal, which it sends to the parties within the aforementioned period, in writing on a durable medium, including by e-mail. The parties also receive the reasons on which its decision is based, as well as information about the consequences of signing the conciliation proposal, explicitly mentioned in Articles 19 to 22 of these Regulations.
Art. 16. The procedure is voluntary and the consumer has the opportunity to withdraw from the procedure at any time during the dispute, if he is not satisfied with the manner in which the procedure is conducted or on grounds of no fault, and the fee is not refundable. The fee may be refunded only in the event of a violation by the Center of the rules and deadlines announced in the procedure.
Art. 17. Each party to the dispute may express an opinion (approve or reject) on the proposal by means of a written statement to the authority within 7 working days of its receipt. The declaration of will to approve the agreement, if sent by both parties, has the force of an agreement between the parties.
Art. 18. The conciliation agreement shall be deemed concluded from the date on which the last written statement accepting the conciliation proposal was made.
Art. 19. Disputes for which a conciliation proposal has been prepared shall not be re-examined by the Center, regardless of whether the parties have accepted it or not.
Art. 20. (1) The parties may give enforceable force to the conciliation proposal reached in the conciliation proceedings if they declare to the Center that they agree that the consequences of the accepted conciliation proposal shall be binding at every stage of the proceedings and by submitting it for approval to the competent civil court.
(2) At the request of the parties, the conciliation proposal may be accepted by concluding an agreement between the parties through notarial certification of the signatures.
Art. 21. The conciliation proposal does not exclude the possibility of judicial protection and the consumer has the right to judicial protection even after the court decision under the above article has been issued, except when it approves the agreement reached in the conciliation proceedings.
Art. 22. Outside the hypothesis of Art. 21, the consumer has the right at any time to refer the dispute to the competent courts.
Art. 23. The proceedings shall be conducted under the conditions of confidentiality and in accordance with the provisions of the Personal Data Protection Act and Regulation (EU) 2016/679.
End of the conciliation proceedings
Art. 24. (1) The conciliation procedure shall end:
(a) with the acceptance of the conciliation proposal;
(b) by written notification to the conciliator by the parties or one of them of their refusal to accept the conciliation proposal;
(c) by a protocol from the conciliator, which establishes that there are no declarations of will sent by the parties to accept or reject the conciliation proposal within the specified period.
(d) by a protocol from the conciliator, when he establishes that there is an agreement or court decision that has entered into force on the subject of the dispute.
Conciliation costs
Art. 25. The costs of the conciliation proceedings include the administrative fee, in the amount specified in the Tariff for fees collected by the CARS "Consensus" in a conciliation procedure.
The Regulations were adopted on 22.10.2021 by Decision of the Secretariat of the "Center for Alternative Dispute Resolution "Consensus"".
