Consumer Online Dispute Resolution Pathways In Europe
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Author | : Emma van Gelder |
Publisher | : |
Total Pages | : 0 |
Release | : 2022-11-18 |
Genre | : Consumer protection |
ISBN | : 9789462363342 |
The field of consumer online dispute resolution is going through important developments throughout Europe. New ODR providers are entering the field and a growing number of ADR bodies are relying on digital technologies to resolve consumer complaints. Also, consumers are increasingly resorting to online platforms to achieve redress. ODR has the potential to increase consumers' access to redress by taking the procedure online. At the same time, the quality of cODR procedures remains a challenge. For instance, transparency is difficult to achieve, especially when algorithmic software is used, and a fair procedure cannot always be safeguarded in text-based online procedures. The fundamental right of access to justice not only underscores the right to access a dispute resolution body to emulate an enjoyment of substantive rights, but also the right to a procedure that complies with fairness standards. This book explores what procedural standards must be in place to secure consumers' access to fair ODR procedures in Europe, by way of a theoretical and empirical legal study. This research is financed by the ERC research council.
Author | : Net Neutrals EU |
Publisher | : AuthorHouse |
Total Pages | : 117 |
Release | : 2015-11-30 |
Genre | : Reference |
ISBN | : 1504963547 |
Online Dispute Resolution Practical examples of Alternative Dispute Resolution in the US and EU - a handbook for best practice today and tomorrow A Promise Unfulfilled and What to Do About It - Complaint Handling Now Marc Grainer; Scott Broetzmann, David Beinhacker, and Richard Grainer Online Dispute Resolution - Designing Systems for Effective Dispute Settlement - a US practitioner perspective Jo DeMars Online Dispute Resolution for Business - Embedding Online Dispute Resolution in the Civil Justice System Pablo Cortes Consumer Trust and Business Benefits with ODR Immaculada Barral-Vials Where Law, Technology, Theory and Practice Overlap: Enforcement Mechanisms and System Design Riika Koulu The Experience of Combining Traditional Face to Face Dispute Resolution Mediation with an Online Dispute Resolution Tool - Benefits and Challenges Amy Koltz Online Dispute Resolution Decision Making - A NetNeutrals Practitioner's View Katherine G. Newcomer One Man's View of One Country - ADR & ODR and the future of complaint management in the UK Adrian Lawes
Author | : Xandra Kramer |
Publisher | : Springer Nature |
Total Pages | : 313 |
Release | : 2021-09-17 |
Genre | : Law |
ISBN | : 3030666379 |
This book focuses on four topical and interconnected, innovative pathways to civil justice within the context of securing and improving access to justice: the use of Artificial Intelligence and its interactions with judicial systems; ADR and ODR tracks in privatising justice systems; the effects of increased self-representation on access to justice; and court specialization and the establishment of commercial courts to counter the trend of vanishing court trials. Top academics and experts from Europe, the US and Canada address these topics in a critical and multidisciplinary manner, combining legal, socio-legal and empirical insights. The book is part of ‘Building EU Civil Justice’, a five-year research project funded by the European Research Council. It will be of interest to scholars and policymakers, as well as practitioners working in the areas of civil justice, alternative dispute resolution, court systems, and legal tech. The chapters “Introduction: The Future of Access to Justice – Beyond Science Fiction” and “Constituting a Civil Legal System Called “Just”: Law, Money, Power, and Publicity” are available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.
Author | : |
Publisher | : Nordic Council of Ministers |
Total Pages | : 94 |
Release | : 2002 |
Genre | : Consumer complaints |
ISBN | : 9789289308267 |
4. THE NORDIC ADR SYSTEMS
Author | : Pablo Cortés |
Publisher | : Routledge |
Total Pages | : 293 |
Release | : 2010-09-13 |
Genre | : Law |
ISBN | : 1136943498 |
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.
Author | : OECD |
Publisher | : OECD Publishing |
Total Pages | : 118 |
Release | : 2024-01-11 |
Genre | : |
ISBN | : 9264582886 |
This report assesses the use of online dispute resolution (ODR) in Latvia. It looks at the country’s efforts to modernise its justice system and develop dispute resolution mechanisms, identifies areas for improvement in line with the OECD ODR Framework, and provides examples of the application of ODR in other countries.
Author | : Pablo Cortés |
Publisher | : Oxford University Press |
Total Pages | : 512 |
Release | : 2016-12-01 |
Genre | : Law |
ISBN | : 0191079081 |
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.
Author | : Pablo Cortés |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2017-10-05 |
Genre | : Business & Economics |
ISBN | : 1107079004 |
This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.
Author | : Pablo Cortes |
Publisher | : |
Total Pages | : 29 |
Release | : 2014 |
Genre | : |
ISBN | : |
In this paper we discuss if and to what extent the 2013 EU Regulation on consumer online dispute resolution (ODR) in tandem with the EU Directive on consumer alternative dispute resolution (ADR) is likely to finally fulfill the expectations of ODR that policy makers and academics have had for many years. Part I examines the reasons why ODR has not yet taken off. Part II discusses previous EU initiatives that aimed to promote the use of ADR and ODR. Part III briefly examines the Directive on consumer ADR and the Regulation on consumer ODR, and it compares the EU approach with the UNCITRAL draft rules on ODR. Finally, Part IV evaluates the obstacles faced in the implementation of the EU ODR Platform, and calls for the embedding of incentives in its operation, the provision of an online negotiation tool, a connection to small claims processes, and the incorporation of adequate tools to overcome language barriers.
Author | : Michael Stürner |
Publisher | : |
Total Pages | : 174 |
Release | : 2014-12-20 |
Genre | : |
ISBN | : 9783866532892 |