Zaštita kolektivnih interesa potrošača kroz oblike alternativnog rešavanja sporova

Abstract

The subject of this paper is the analysis of the possible application of Alternative Dispute Resolution (ADR) forms in the situations of breach of the collective interests of consumers. Having in mind this objective, the author strived to find the ADR forms that may improve the protection of consumers’ collective interests. In the opinion of the author, the following ADR forms may be relevant for collective disputes: 1) consultations be-tween the parties in dispute aiming to avoid judicial or administrative proceedings, or to terminate peacefully the pending proceedings, 2) reaching a settlement that entails adequate means of consumers’ redress, 3) the participation of a specialized ombudsman in the solving of collective disputes, 4) the participation of the regulatory bodies, in charge of supervision over the traders in a certain sector or in charge of the establishment of the fair market competition, in the protection of the consumers’ collective interests and their redress. The author concludes that the consultations and negotiations about settlement present traditional ADR forms, that could be relatively simply applied in the collective disputes (without need for the specific changes and adjustments). The potential role of the consumer ombudsman and regulatory bodies brings new possibilities for early termination of the collective disputes and delivery of fair redress to the individual consumers. These possibilities should be further explored, by following and using the positive examples from comparative law. Finally, the author deems that the application of ADR forms could be possible also in Serbia, even though the current ADR mechanisms are rarely used even in the individual consumer disputes. The mandatory consultations be-tween the parties, supplemented with the potential balanced role of mediators could be a good way forward for Serbian law. Also, in terms of regulatory bodies, the opportunities should be investigated about the possible indirect role in the collective dispute resolution of the National Bank of Serbia and the Regulatory Agency for Electronic Communications and Postal Services, since these two bodies are already involved in the (individual) consumer ADR.