Alternative dispute resolution (ADR) at RTR

Under Art. 115 Par. 3 TKG 2003 RTR may be asked to participate in negotiations on disputes resulting from the TKG 2003, subject to criteria to be published by RTR.

In this context, RTR accompanies the ADR process and attempts to create general conditions which are conducive to negotiating resolutions to disputes. RTR's role in this process is not to make comments on substance or to propose solutions. Where such activities are desired, specific reference is made to the dispute resolution procedure under Art. 122 TKG 2003.

As demonstrated in many areas of the economy as well as the ADR procedures handled by RTR thus far, professionally moderated negotiations can help resolve disputes in a manner which is both faster and far more satisfactory and forward-looking than a formal procedure. The main principle in this context is that the parties to the dispute can decide on their own actions and arrive at a common solution which best suits the interests of all parties involved (i.e., a win-win situation). This can not always be achieved in third-party decisions (i.e., by authorities or courts).

ADR procedures can only be launched if all of the parties to the dispute submit a written request to RTR. Participation in ADR procedures is voluntary for all parties to a dispute, and negotiations can be discontinued at any time without citing reasons.

The following criteria must be fulfilled in order for RTR to carry out an ADR procedure:

• The parties to the dispute must demonstrate that they have attempted to resolve the conflict themselves.
• The dispute must arise from the TKG 2003 or the resulting ordinances. The topic of the dispute must be related to communications services.
• Parties to disputes and their interest groups (other than end users) are entitled to request ADR procedures. An end user is any user who does not operate a public communications network or provide a publicly available communications service, except for publishers of subscriber directories and providers of directory assistance services.
• A dispute between the same parties which has already undergone an ADR procedure or has been resolved with legal effect can not be resubmitted for ADR.

Should you be working to resolve a dispute and wish to request an ADR procedure pursuant to Art. 115 Par. 3 TKG 2003, we invite you and the other parties involved to contact RTR.