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Alternative Dispute Resolution

1. Background

Under Portuguese Law no. 144/2015 (Lei n.º 144/2015), service providers must inform consumers about the alternative dispute resolution (ADR) bodies available. This information is for consumers, meaning people contracting outside their trade or profession. Most of my clients are businesses, to whom this regime may not apply. Using an ADR body is voluntary for the consumer and does not remove the right to go to court.

Service provider:

2. Competent ADR body

I have not joined any consumer dispute resolution (ADR) body, and I am not required to do so. If a dispute arises, you may use any authorised ADR body. The full list of authorised ADR bodies is available on the Portuguese Consumer Portal at www.consumidor.gov.pt.

3. How it works

  • Mediation: a neutral third party helps both sides reach an agreement.
  • Conciliation: the conciliator proposes a solution that both sides may accept.
  • Arbitration: an arbitrator decides the dispute, with effects similar to a court ruling.

Procedures and any costs depend on each body’s rules.

4. Before contacting an ADR body

I recommend contacting me first at info@consultordemarketingdigital.pt and describing the situation. I review every case and aim to find a fair solution within 15 days. You can also file a complaint in the electronic Complaints Book.

5. Information to gather

When contacting an ADR body, it helps to have:

  • the provider details shown above;
  • the accepted proposal, invoices and proof of payment;
  • the relevant correspondence, including your complaint and any reply received;
  • a clear description of the outcome you are seeking.

Each body sets its own deadlines and formalities.

6. Business-to-business disputes

For contracts with businesses, the governing law and jurisdiction rules in the Terms of Service Provision and the accepted proposal apply.

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