Macao Consumer Council

FAQ

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Q1.What is mediation?

Mediation is a voluntary process for resolving dispute and is hosted by one (or more than one) impartial mediator who assists both parties to mediate under a peaceful environment in order to satisfy the needs of both parties and reach an agreeable resolution.
Q2.What is arbitration?

Arbitration is an efficient, quick, and fair way to resolve dispute. An arbitral award, which has the same power as a judicial court order, is rendered by an arbitrator.
Q3.What is the difference between arbitration and litigation?

An arbitration award is given by an arbitrator while a litigation is judged by the court. Arbitration proceedings are administered according to the Regulations of the Macao Consumer Mediation and Arbitration Centre and are comparably simpler and faster than civil lawsuits.
Q4.What are the advantages of participating in the arbitration held at the Macao Consumer Mediation and Arbitration Centre?

Win-win situation: the solution is reached by an agreement which satisfies the needs of both parties, this lowers the risk of losing a lawsuit.

Easy to implement: the arrangement of mediation is voluntary and a solution is reached through negotiation by both parties, this makes it easier for future implementation.

Fast and efficient: a mediation meeting is hosted by a mediator where both parties negotiate directly in a peaceful environment to save time.

Free of charge: mediation is free of charge to both parties if the claims involved do not exceed the maximum amount prescribed by the Court of First Instance. (Fees will be charged according to the fee schedule of the Centre if the claims involved exceed the maximum amount prescribed by the Court of First Instance.)

Confidentiality: only the mediator and the involved parties may participate in the mediation proceedings, the mediator shall be subject to confidentiality obligation and the involved parties may also set up confidentiality clause(s) for the resolution of a dispute.
Q5.What are the advantages of participating in the arbitration held at the Macao Consumer Mediation and Arbitration Centre?

Free of charge: arbitration is free of charge to both parties if the claims involved do not exceed the maximum amount prescribed by the Court of First Instance. (Fees will be charged according to the fee schedule of the Centre if the claims involved exceed the maximum amount prescribed by the Court of First Instance.)

Fair: the Arbitral Tribunal is formed by independent arbitrators and arbitration proceedings are regulated by the“Regulations of the Macao Consumer Mediation and Arbitration Centre” to ensure fairness and justice of the proceedings and the award.

Legally binding: the arbitral award has the same mandatory and enforceable power as a judicial court order.

Confidentiality: no hearings is allowed during arbitration proceedings and the arbitral award is not publicized.
Q6.What are the duties of a mediator at a mediation meeting?

A mediation meeting held at the Macao Consumer Mediation and Arbitration Centre is hosted by a specially trained mediator who facilitates mediation under a peaceful environment, assists the involved parties to discuss and define the scope of the dispute, encourages them to confer the needs and benefits of each other and seek for possible resolutions, and finally assists them to set up a mediation agreement.
Q7.How can I submit a dispute to the Macao Consumer Mediation and Arbitration Centre for proceedings?

If a consumer dispute arises between a consumer and a business, the dispute can be submitted to the Consumer Council for negotiation, the dispute may be submitted by both parties to the Centre for mediation or arbitration if both parties fail to reach a consensus. The submission of the dispute to the Centre only requires completed documents prepared by the Centre and other supporting information, proceedings will begin once application is accepted.

Please refer to“Consumer Mediation and Arbitration Service” for details.
Q8.Is there any limitation to the jurisdiction of the Macao Consumer Mediation and Arbitration Centre?

(1)The Centre only accepts consumer disputes arising within the territory of Macao SAR.

(2)The Centre does not accept any disputes that relate to any non-disposable rights;

(3)The Centre does not accept any disputes that represent any signs of a criminal offence.

Please refer to “Consumer Mediation and Arbitration Service” for details.
Q9.What if I cannot participate in the mediation or arbitration proceedings?

If the involved party is unable to participate in the mediation or arbitration proceedings, he or she may authorize another person to perform the involved matters.

If the involved party resides outside the territory of Macao SAR, he or she may request to participate in the mediation or arbitration proceedings via video conferencing.
Q10.What is the cost for the submission of a dispute to the Macao Consumer Mediation and Arbitration Centre for arbitration?

Arbitration is free of charge to both parties if the claims involved do not exceed the maximum amount prescribed by the Court of First Instance. Fees will be charged according to the fee schedule of the Centre if the claims involved exceed the maximum amount prescribed by the Court of First Instance.
Q11.Is it necessary to hire a lawyer for the submission of a dispute to the Macao Consumer Mediation and Arbitration Centre for arbitration?

Lawyer is optional, consumers and traders may choose whether to appoint a lawyer or not.
Q12.How is the mediation and arbitration of a consumer dispute processed?

Mediation is hosted by a mediator designated by the Centre, the mediator assists both parties to reach a solution, and the mediation proceedings are completed when both parties sign the mediation agreement.

Arbitration is processed when the arbitrator listens to the statements of both parties and the testimonies of the witnesses, an arbitral reward will then be rendered.

If both parties agree to proceed with both mediation and arbitration, mediation will first be adopted and arbitration will only be adopted when mediation fails.

Please refer to the flow chart of arbitration.
Q13.Can I make an appeal to the arbitration award?

In accordance with Article 67 of Law No. 19/2019 “Arbitration law”, an arbitral award is not appealable, except when both parties agree on the possibility of appealing to another arbitral tribunal before the arbitral award is rendered.