Alternative Dispute Resolution in Latvia
In Latvia, the Directive on Consumer Alternative Dispute Resolution (ADR) has been implemented through the following legal acts:
- Consumer Out-of-Court Dispute Resolution Law
- Consumer Rights Protection Law
On July 9, 2015, the Consumer Out-of-Court Dispute Resolution Law came into force. Its purpose is to establish uniform requirements for out-of-court dispute resolution bodies to ensure that consumers can exercise and protect their legal rights through independent, impartial, transparent, effective, and fair dispute resolution mechanisms.
Sellers or service providers are required to participate in out-of-court dispute resolution. An out-of-court dispute resolver cannot refuse to examine a dispute if the seller or service provider has not responded to the consumer’s application or does not reply to the dispute resolver’s request.
The Consumer Rights Protection Centre creates and maintains a register of out-of-court dispute resolvers. The register is available at:
http://www.ptac.gov.lv/lv/content/arpustiesas-pateretaju-stridu-risinataju-datubaze
Out-of-Court Dispute Resolvers in Latvia:
- The Consumer Dispute Resolution Commission of the Consumer Rights Protection Centre
- Private out-of-court dispute resolvers
- Institutions that resolve disputes in accordance with the law
Requirements for Out-of-Court Dispute Resolvers
Out-of-court dispute resolvers must meet specific quality criteria to ensure their effective, fair, independent, and transparent operation.
A dispute resolver must:
- Develop dispute resolution process rules in compliance with legal requirements
- Maintain a website and allow complaints to be submitted online, while also providing information on dispute resolution procedures and reasons why a dispute may not be accepted under legal provisions
- Resolve disputes within 90 days from the date all relevant documents are received
- Handle cross-border disputes, including those covered by the Regulation on Consumer Online Dispute Resolution (ODR)
- Offer dispute resolution free of charge or for a reasonable fee
- Ensure that parties can resolve disputes without the obligation to hire a lawyer or legal consultant
Outcome of Dispute Resolution
According to legal provisions or dispute resolution procedures, an out-of-court dispute resolver may:
- Propose a resolution for the dispute
- Determine a resolution for the dispute
- Facilitate negotiations between the consumer and the seller/service provider to reach an agreement
Obligation to Inform Consumers
Sellers or service providers must inform consumers—either on their website or in contract terms—about one or more dispute resolvers included in the Consumer Rights Protection Centre’s list, specifying which resolver handles disputes in the relevant sector and providing a link to the resolver’s website.