(1) An ADR entity shall ensure that an agreement between a consumer and a trader to submit complaints to the ADR entity is not binding on the consumer if -

(a) it was concluded before the dispute has materialised, and

(b) it has the effect of depriving the consumer of his or her right to bring an action before the courts for the settlement of the dispute.

(2) Where an ADR procedure has the objective of resolving a dispute by imposing a solution, the ADR entity shall, in advance of the commencement of the ADR procedure, notify the parties of the binding nature of the procedure.

(3) Where an ADR procedure has the objective of resolving the dispute by imposing a solution, any solution imposed pursuant to the procedure shall not be binding on the parties unless the parties -

(a) were informed of the binding nature of that solution in advance in accordance with paragraph (2), and

(b) specifically accepted the binding nature of that solution.