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Version status: Entered into force | Document consolidation status: No known changes
Version date: 8 July 2013 - onwards
Version 2 of 2

Article 9 Fairness

1. Member States shall ensure that in ADR procedures:

(a) the parties have the possibility, within a reasonable period of time, of expressing their point of view, of being provided by the ADR entity with the arguments, evidence, documents and facts put forward by the other party, any statements made and opinions given by experts, and of being able to comment on them;

(b) the parties are informed that they are not obliged to retain a lawyer or a legal advisor, but they may seek independent advice or be represented or assisted by a third party at any stage of the procedure;

(c) the parties are notified of the outcome of the ADR procedure in writing or on a durable medium, and are given a statement of the grounds on which the outcome is based.

2. In ADR procedures which aim at resolving the dispute by proposing a solution, Member States shall ensure that:

(a) The parties have the possibility of withdrawing from the procedure at any stage if they are dissatisfied with the performance or the operation of the procedure. They shall be informed of that right before the procedure commences. Where national rules provide for mandatory participation by the trader in ADR procedures, this point shall apply only to the consumer.

(b) The parties, before agreeing or following a proposed solution, are informed that: