Function of the Conciliation Board
Is the Conciliation Board a neutral mediator,
and are the parties bound by his negotiated solution?
The Conciliation Board is neutral, and acts as an expert mediator
with experience in the financial services field.
In an effort to avoid the need for drawn-out and costly legal proceedings,
a wide variety of voluntary, out-of-court arbitration proceedings have
been successfully implemented in numerous countries for many years.
The Conciliation Board is neither a court of law, nor does he have
the authority to make judicial rulings. Instead, he promotes discussions
between the involved parties, and submits a negotiated solution to
these. As the parties are not bound by the solution proposed by the
Conciliation Board, they are free either to accept this, or alternatively
to take other steps, for example, legal measures.
Principles of the Conciliation Board
In order to ensure fair and transparent mediation proceedings, the Ombudsman
adheres to the following principles:
- Independence of the conciliation office, in order to ensure that the process
is impartial
- Transparency of the proceedings, in order to ensure that the parties have
the opportunity to procure all necessary information and are able to evaluate
the results objectively
- Case judged on its merits, offering both parties the opportunity to present
their arguments and to be kept informed about the standpoint of the respective
other party
- Efficiency of the proceedings ensured through conciliation
attempt that is free for the complainant, and without the need to engage
a legal representative
- Freedom of action, as the ruling is not binding for either party
- Opportunity to act through a representative if one party wishes to arrange
to be represented by a third party
Professional confidentiality
Is the Conciliation Board bound by the duty
of professional confidentiality?
The Conciliation Board is subject to the duty of professional confidentiality.
The Ombudsman will contact the Bank only if the customer has indicated his
consent.
Statute of limitations
Does the involvement of the Conciliation Board
suspend the term of the normal legal deadlines?
The customer’s recourse to the Conciliation Board does not suspend
the term of the normal legal deadlines
Regulations and code of procedure
The government has specified the rights and duties of the Conciliation Board
in the following regulation
The code of procedure is defined the following regulation:
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