How it works?

Did you know that…
The consumer does not need a lawyer to appeal to CIMARA. However, you may, if you wish, use a lawyer or be accompanied or represented by third parties at any stage of the procedure.

INFORMATION REQUEST 1

CIMARA’s Legal Support services ensure the provision of the necessary legal information in each case, with a view to providing adequate clarification for both the consumer and the supplier of goods or service provider.

After receiving the request for information, it is forwarded to the lawyer who will prepare the response.

In the case of consumers, the provision of legal information may affect the possible presentation of a complaint.

 

See information request

COMPLAINT 2

A complaint is the means by which a consumer exposes the facts that he or she understands to be part of a consumer dispute. The complaint must identify the complainant and the defendant, describe the facts related to the consumer issue in dispute and formulate the request, whenever possible, duly quantified.

Firstly, you must ensure that you have used all means at your disposal, such as email or complaining in the Complaints Book, to try to resolve your complaint with the supplier.

If you do not receive a response within 15 days or if it is not satisfactory, you must gather all correspondence and then present your complaint, accompanied by all important documentation.

A complaint is the means by which a consumer exposes the facts that he or she understands to be part of a consumer dispute. The complaint must identify the complainant and the defendant, describe the facts related to the consumer issue in dispute and formulate the request, whenever possible, duly quantified.

Sumbit a complaint

What happens next?

An attorney reviews the complaint and submitted documentation. This will also inform you of your rights as a consumer. After a summary analysis of the facts alleged in the complaint and its legal framework, the Center contacts the complaining party, informing them of the content of the complaint and the request, requesting a response with a view to reaching an agreement between the parties.

This is followed by the MEDIATION phase, in which the lawyer/mediator will try to resolve the conflict amicably between the consumer and the supplier.

MEDIATION 3

Mediation is a form of alternative dispute resolution, of a confidential and voluntary nature, through which two or more parties in dispute voluntarily seek to reach an agreement with the assistance of an impartial third party – the conflict mediator – to facilitate the construction of a basis of understanding that allows the resolution of the conflict and that contributes to the maintenance of their relationship.

The mediation procedure is flexible, in order to adapt to the specific conflict, as well as tending to be effective.

The voluntary nature of mediation means that:
✔ Parties only engage in mediation if they want to;
✔ The party may at any time withdraw from the mediation.

The mediation procedure is flexible, in order to adapt to the specific conflict, as well as tending to be effective Mediation may be indirect or through a face-to-face meeting, including using videoconferencing

If there is no agreement, the CONCILIATION phase proceeds.

CONCILIATION 4
  • The Conciliation is scheduled for the same day as the Arbitration Trial and consists of an attempt for the parties to reach an agreement, before the Arbitration Hearing.
  • Said conciliation attempt must be carried out by the arbitrator, the director of the Center or a lawyer responsible for alternative dispute resolution procedures.

If the agreement is reached, it is written in writing and approved by the arbitrator, producing the effects of an arbitration award.

If conciliation is not possible, the process proceeds to the ARBITRATION phase.

ARBITRATION 5

Did you know that…

RAL procedures must be decided within a maximum period of 90 days from the date on which the RAL entity receives the complete complaint file.

Arbitration is a formal process, in which the decision is entrusted to an impartial third party – the Arbitrator.

Arbitration is, as a rule, voluntary. However, it will be mandatory in the following cases

  1. The complaint concerns essential public services (listed in article 1.º-2 of Law no. 23/96, of 26 July), and the consumer has chosen to submit the dispute to the arbitration court of the arbitration of legally authorized consumer disputes In this case, the service provider must necessarily agree to resort to arbitration.
  2. The dispute is worth up to €5,000.00.

At the arbitration hearing:

  1. The Arbitrator conducts the work, gives the floor to the parties, can order investigations to be carried out, questions witnesses, or authorizes the parties to do so directly, and supervises the writing of the minutes.
  2. The Arbitrator decides in accordance with the law unless the parties agree that the dispute be decided in accordance with equity.
  3. The parties may be represented or assisted by third parties, namely lawyers, consumer associations or business associations.
  4. The complaining party may present a written response up to 48 hours before the time scheduled for the hearing or orally at the hearing itself, and the parties must produce all the evidence they deem relevant.
  5. All types of evidence admissible in law are accepted, with a limit of 3 witnesses for each party, this limit being doubled in cases worth more than 5,000 euros.
  6. Unless otherwise agreed, the costs of the means of evidence, notably the carrying out of expert examinations and technical analyses, are the responsibility of the party that presents or requests them.

The arbitration award has the same mandatory nature and the same enforceable force as a court award.