Ideally, through this procedure, the trader and the consumer will reach a compromise solution and conclude an agreement on resolving the dispute. After reaching an agreement, the body will draft an agreement in writing and submit it to the parties for signature. This agreement may have the force of an enforceable document, if it is accompanied by a statement of consent to initiate enforcement proceedings and signed by the trader, consumer and the competent body.
However, given that there is already some disagreement between the parties, it is certain that in some cases the parties will not be able to reach an agreement on resolving the dispute. In such a situation, the competent body may issue a recommendation on how to resolve the dispute, when it believes that the recommendation may be effective. Nevertheless, the recommendation is not binding for the parties to the dispute and the trader and the consumer are not obliged to act in accordance with it.
Furthermore, it is important to keep in mind that, regardless of (non) participation in out-of-court dispute resolution, the parties have the right to initiate court or arbitration proceedings. Thus, the participation of the consumer in the out-of-court dispute resolution does not deprive the consumer of their right to claim damages in court or arbitration proceedings.
Statute of limitations, i.e., deadlines within which it is necessary to take a certain action, do not run during the out-of-court dispute resolution procedure, but begin to run again only on the fifteenth day from the day of the end of this procedure.
Therefore, even though out-of-court resolution of consumer disputes may not result in a decision obliging the trader to take a certain action or not take any action, in certain cases, the conduct of the trader during the procedure, their willingness to reach a compromise, may affect the competent body in reaching a judgement, i.e., an arbitral award.