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A PDF version of this book is available for free in open access via
www.tandfebooks.com as well as the OAPEN Library platform,
www.oapen.org. It has been made available under a Creative Commons
Attribution-Non Commercial-No Derivatives 3.0 license and is part
of the OAPEN-UK research project. E-commerce offers immense
challenges to traditional dispute resolution methods, as it entails
parties often located in different parts of the world making
contracts with each other at the click of a mouse. The use of
traditional litigation for disputes arising in this forum is often
inconvenient, impractical, time-consuming and expensive due to the
low value of the transactions and the physical distance between the
parties. Thus modern legal systems face a crucial choice: either to
adopt traditional dispute resolution methods that have served the
legal systems well for hundreds of years or to find new methods
which are better suited to a world not anchored in territorial
borders. Online Dispute Resolution (ODR), originally an off-shoot
of Alternative Dispute Resolution (ADR), takes advantage of the
speed and convenience of the Internet, becoming the best, and often
the only option for enhancing consumer redress and strengthening
their trust in e-commerce. This book provides an in-depth account
of the potential of ODR for European consumers, offering a
comprehensive and up to date analysis of the development of ODR. It
considers the current expansion of ODR and evaluates the challenges
posed in its growth. The book proposes the creation of legal
standards to close the gap between the potential of ODR services
and their actual use, arguing that ODR, if it is to realise its
full potential in the resolution of e-commerce disputes and in the
enforcement of consumer rights, must be grounded firmly on a
European regulatory model.
A PDF version of this book is available for free in open access
via www.tandfebooks.com as well as the OAPEN Library platform,
www.oapen.org. It has been made available under a Creative Commons
Attribution-Non Commercial-No Derivatives 3.0 license and is part
of the OAPEN-UK research project.
E-commerce offers immense challenges to traditional dispute
resolution methods, as it entails parties often located in
different parts of the world making contracts with each other at
the click of a mouse. The use of traditional litigation for
disputes arising in this forum is often inconvenient, impractical,
time-consuming and expensive due to the low value of the
transactions and the physical distance between the parties. Thus
modern legal systems face a crucial choice: either to adopt
traditional dispute resolution methods that have served the legal
systems well for hundreds of years or to find new methods which are
better suited to a world not anchored in territorial borders.
Online Dispute Resolution (ODR), originally an off-shoot of
Alternative Dispute Resolution (ADR), takes advantage of the speed
and convenience of the Internet, becoming the best, and often the
only option for enhancing consumer redress and strengthening their
trust in e-commerce. This book provides an in-depth account of the
potential of ODR for European consumers, offering a comprehensive
and up to date analysis of the development of ODR. It considers the
current expansion of ODR and evaluates the challenges posed in its
growth. The book proposes the creation of legal standards to close
the gap between the potential of ODR services and their actual use,
arguing that ODR, if it is to realise its full potential in the
resolution of e-commerce disputes and in the enforcement of
consumer rights, must be grounded firmly on a European regulatory
model.
This book advances the emergence of a new sub-field of study, the
law of consumer redress, which encompasses the various dispute
resolution processes for consumers, their regulations, and best
practices. The book argues that the institutionalisation of
alternative dispute resolution (ADR) bodies are expanding their
functions beyond dispute resolution, as they are increasingly
providing a public service for consumers that complements, and
often replaces, the role of the courts. Although the book focuses
on ADR, it also analyses other redress methods, including public
enforcement, court adjudication and business internal complaints
systems. It proposes a more efficient rationalisation of certified
redress bodies, which should be better co-ordinated and accessible
through technological means. Accordingly, the book calls for
greater integration amongst redress methods and offers
recommendations to improve their process design to ensure that,
inter alia, traders are encouraged to participate in redress
schemes, settle early meritorious claims and comply with outcomes.
This book advances the emergence of a new sub-field of study, the
law of consumer redress, which encompasses the various dispute
resolution processes for consumers, their regulations, and best
practices. The book argues that the institutionalisation of
alternative dispute resolution (ADR) bodies are expanding their
functions beyond dispute resolution, as they are increasingly
providing a public service for consumers that complements, and
often replaces, the role of the courts. Although the book focuses
on ADR, it also analyses other redress methods, including public
enforcement, court adjudication and business internal complaints
systems. It proposes a more efficient rationalisation of certified
redress bodies, which should be better co-ordinated and accessible
through technological means. Accordingly, the book calls for
greater integration amongst redress methods and offers
recommendations to improve their process design to ensure that,
inter alia, traders are encouraged to participate in redress
schemes, settle early meritorious claims and comply with outcomes.
Consumer out-of-court redress in the European Union is experiencing
a significant transformation; indeed the current changes are the
most important that have occurred in the history of the EU. This is
due to the recent implementation of the Alternative Dispute
Resolution (ADR) Directive 2013/11/EU and the Online Dispute
Resolution (ODR) Regulation (EU) 2013/524. The Directive ensures
the availability of quality ADR schemes and sets information
obligations on businesses, and the Regulation enables the
resolution of consumer disputes through a pan European ODR
platform. The New Regulatory Framework for Consumer Dispute
Resolution examines the impact of the new EU law in the field of
consumer redress. Part I of the volume examines the new European
legal framework and the main methods of consumer redress, including
mediation, arbitration, and ombudsman schemes. Part II analyses the
implementation of the ADR Directive in nine Member States with very
different legal cultures in consumer redress, namely: Belgium,
Ireland, Italy, Germany, France, Portugal, Spain, the Netherlands
and the UK, as well as the distinct approach taken in the US. Part
III evaluates new trends in consumer ADR (CDR) by identifying best
practices and looking at future trends in the field. In particular,
it offers a vision of the future of CDR which is more than a mere
dispute resolution tool, it poses a model on dispute system design
for CDR, it examines the challenges of cross-border disputes, it
proposes a strategy to promote mediation, and it identifies good
practices of CDR and collective redress. The book concludes by
calling for the mandatory participation of traders in CDR.
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