The Role of Amicable Dispute Settlement in Field of Banking Consumer Protection in Post-crisis Poland

Introduction of alternative ways of solving consumer quarrels to the polish banking reality has undoubtedly led to increased competiveness of customer available dispute resolution methods. Time consuming and high initial cost demanding processes available through public judicial proceedings are no longer the only available ways of market defense for weaker entities. Growing importance of such options can been observed within last few years, and the greatest contribution can be assigned to the meditations of Alternative Dispute Resolution. Observed in 2008 appointment of Court of Arbitration, acting together in terms on supervision of financial market can be viewed as a sign of needed expansion of ADR’s responsibilities. The settlement of those bodies under the supervision of FSA (KNB) or Polish Bank Association (ZBP) remains as a major drawback. Despite the many positive signals of the importance of solving disputes outside of the system of public justice, objective evaluation requires underlining of many shortcomings. A relatively small number of reported cases arising from the lack of knowledge of consumers is worth mentioning. Informational obligations and the need for increased consumer awareness of the existence of an alternative to the lengthy and costly trial solutions should become a priority for public authorities. In addition, the possibility of using those alternative instruments by consumers is limited, for example by introduction of limits on disputes available through arbitration. In time horizon appointment of Consumer Arbitration, for which the project of the Financial Supervision Commission calls for, seems to be an important issue. Another important point may be a simplification of the procedures for the settlement of disputes, also through the use of digitization, which is a priority of the European Parliament and Council for the next period in the ODR in the field of consumer protection