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This is the first systematic comparative study into how consumer
alternative dispute resolution (ADR) systems work, the differing
national architectures within which they operate, and how they can
be improved. It describes ADR schemes in France, Germany,
Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden, and
the UK, as well as emerging pan-EU dispute resolution schemes. The
use of techniques of mediation, conciliation, and adjudication are
noted. The book also covers EU measures on consumer ADR, and the
2011 proposals for legislation on ADR and online dispute
resolution. Data on volume, cost, and duration of ADR schemes are
compared, both between different systems and with courts. The
findings underpin EU and national developments, and outline options
for future policy. Proposals are included for the functions, scope,
performance, essential requirements, architecture, and operation of
ADR systems. The relationships between ADR, courts, and regulators
are discussed, and the need for reforms are noted. This is a
ground-breaking work that will have a major impact on European
legal systems. (Series: Civil Justice Systems)
Traditionally, consumer law has played an instrumental role in the
EU as a tool for market integration. There are now signs in the new
EU legal framework and jurisprudence that suggest this may be
changing. These changes can be seen in recent court cases and,
above all, the Lisbon Treaty and the EU Charter of Fundamental
Rights. The Treaty contains provisions affecting consumer law and,
at the same time, it grants binding legal force to the EU Charter,
which adds a fundamental rights dimension to consumer protection.
This evolution, however, is still at an early stage and may be
thwarted by conflicting trends. Moreover, it may generate tensions
between social objectives and economic goals.
This book provides the first comprehensive analysis of these
developments and examines new avenues that may be opening for
consumer law, focussing on three key areas: financial services,
electronic communication, and access to justice. Through a
systematic analysis of relevant cases the book traces the
development of a human rights dimension in consumer law and details
the potential ramifications that the post-Lisbon legal framework
may have on consumer protection and on related policy issues. This
book concludes by providing ideas for a new legal approach to
consumer law which strikes a compromise between social and economic
demands.
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