Rozstrzyganie sporów konsumenckich w postępowaniach niejudykacyjnych. Zarys problemu

The special legal norms designed to protect the interest of consumers are, and this is most common canon, necessity regardless of ones view upon such protection. Consumer dispute solving is made either by settlement of consumer disputes is made either trough the courts as a civil dispute, or the use of alternative methods ADR (alternative dispute resolution). Among those last ones well popularized and used certainly to seldom. However, it is a tool to give the opportunity to settle the dispute in a short time and low cost. As mediator could by any person (there are no official state designated qualification stan-dards) the legislator protects both parties interests by obligatory court the settlement. As arbitration settlements in described institution (Banking Ombudsman) are free of such obligation, in case of „business” mediation court approval is still binding. Mediation as well as consumer arbitration should not by mandatory, although there are voices to do so, as the fundamental feature is widely understood voluntary and freedom of will of the parties.