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Consumer ADR in Europe

By: Christopher Hodges, Iris Benöhr, Naomi Creutzfeldt
Media of Consumer ADR in Europe
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Published: 10-05-2012
Format: PDF eBook (?)
Edition: 1st
Extent: 516
ISBN: 9781847319418
Imprint: Hart/Beck
Series: Civil Justice Systems
RRP: £81.00
Online price : £64.80
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About Consumer ADR in Europe

This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work, the differing national architectures within which they operate and how they can be improved. It describes ADR schemes in Belgium, France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden and the United Kingdom as well as emerging pan-EU dispute resolution schemes. Use of the techniques of mediation, conciliation and adjudication are noted. It also covers EU measures on consumer ADR, and 2011 proposals for legislation on ADR and ODR. Data on volumes, cost and duration of ADR schemes are compared, both between different systems and with courts. The authors' findings underpin EU and national developments, and outline options for future policy. Findings and 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 need for reforms are noted. This is a ground-breaking work that will have a major impact on European legal systems.

Table Of Contents

Introduction
Alternative Redress Mechanisms for Consumers in the EU
Alternative Redress Mechanisms in Member States:
1. France
2. Germany
3. Lithuania
4. the Netherlands
5. Poland
6. Slovenia
7. Spain
8. Sweden
9. the United Kingdom
Cross-border ADR systems
o WIPO
o EuroLease
o Direct Selling Association
o others
Examples of selected ADR schemes
Findings and Discussion of the Models, including comparative statistics
Conclusions and Recommendations
Appendices
- Commission Recommendation 98/25/EC
- Commission Recommendation 2001/310/EC
- Voluntary European Code of Conduct for Mediators
- OECD …
- Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters
- Proposal for a Framework Directive on ADR
- Proposal for a Directive on ODR
- Commission Communication on ADR, November 2011
- UNCITRAL draft Rules

Reviews

“This is about the first systematic comparative study of the operational framework of the systems for resolving consumer disputes of the different national legislative options along with proposals for their improvement.

Great advantage of the publication is the collection of statistical data on the cost and duration for conducting the extrajudicial procedures. Furthermore, publishers' contribution is important in the formation of the conclusions on the national recommendations, by dedicating two special chapters, which include the empirical and other research findings (chapter 14-15, pp. 367 ff). Lastly, the list of persons who gave answers to the specific questionnaire composed for the study creates positive impression (p. xxi ff).

The extra judicial resolution of consumer dispute constitutes theoretically the appropriate answer to the somber and depressing landscape of civil justice, which discourages the citizens from pursuing a judicial resolution of their dispute. The recording and the information offered by the present volume provide the possibility of information concerning the developments in the EU landscape. We all hope that the theoretical process will bear fruits also in practice.



” –  Apostolos Anthimos, Armenopoulos

“The book is a very useful analysis to be recommended to all involved in shaping and using ADR schemes – governments, agencies, courts, lawyers' bodies, trade associations, consumer organizations, last but not least academics interested in consumer complaint handling and access to justice by learning from country experiences. The study is indispensible to understand and follow the legislative process provoked by the Commission proposals of 29 November 2011” –  Norbert Reich, Common Market Law Review, Volume 50(3)

“This is an extremely timely comparative study into how consumer ADR systems work, the differing national architectures within which they operate, and how they can be improved. ... The book provides an enormous amount of information on the ADR systems in these states and demonstrates the degree of divergence in the EU, which clashes with any attempt to create basic standards against which all systems could be measured. Of particular value are the findings and conclusions in which the three editors break down the wealth of information into four categories: findings of the state of ADR in the EU, conceptual issues of ADR, the architectural issues, and the best operating procedures.” –  Journal of Consumer Policy, Volume 36

“This is a ground-breaking work that will have major impact on European legal systems.” –  www.soep-online.de

“This book is a must for anyone in national or European business and consumer organisations, and government, involved in ADR, before setting up any ADR system (or drafting any (EU) legislation on that topic). I fully agree with the words in the introduction: ground breaking.” –  Hubert van Breemen, senior advisor economic policy, VNO-NCW - MKB-Nederland/Confederation of Netherlands Industry and Employers VNO-NCW SME Netherlands,

“This is a ground-breaking work that will have a major impact on European legal systems.” –  Juristen Zeitung

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