By Christopher Hodges, Iris Benöhr, Naomi Creutzfeldt
This can be the 1st systematic comparative learn into how purchaser substitute dispute solution (ADR) platforms paintings, the differing nationwide architectures during which they function, and the way they are often greater. It describes ADR schemes in France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden, and the united kingdom, in addition to rising pan-EU dispute solution schemes. using thoughts of mediation, conciliation, and adjudication are famous. The publication additionally covers european measures on patron ADR, and the 2011 proposals for laws on ADR and on-line dispute solution. information on quantity, fee, and length of ADR schemes are in comparison, either among diversified platforms and with courts. The findings underpin ecu and nationwide advancements, and description concepts for destiny coverage. Proposals are incorporated for the features, scope, functionality, crucial necessities, structure, and operation of ADR platforms. The relationships among ADR, courts, and regulators are mentioned, and the necessity for reforms are famous. it is a ground-breaking paintings that might have an immense influence on ecu criminal structures. (Series: Civil Justice platforms)
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Additional resources for Consumer ADR in Europe
36 AAS Zuckerman, Civil Justice in Crisis, Comparative Perspectives of Civil Procedures (Oxford, Oxford University Press, 1999) 3 ff; C Hodges, S Vogenauer and M Tulibacka (eds), The Costs and Funding of Civil Litigation: A Comparative Perspective (Oxford, Hart Publishing, 2010). htm. 38 DG SANCO. Study on the use of Alternative Dispute Resolution in the EU (Berlin, Civic Consulting 2009 and Leuven Study). 39 Commission (EC) ‘Proposal for a Directive on Alternative Dispute Resolution for Consumer Disputes (Directive on consumer ADR)’, COM (2011) 793/2, final, 29 November 2011 and Commission (EC) ‘Proposal for a Regulation on online dispute resolution for consumer disputes (Regulation on consumer ODR)’, COM (2011) 794/2, final, 29 November 2011.
It remains to be seen if this proposed, far-reaching measure complies with the requirement of Article 114 TFEU to foster market functioning. Article 169 (2) (b) might have been a more appropriate basis for the Draft Directive as it allows the EU to adopt measures that support and supplement ADR consumer schemes in the Member States, without requiring a market-building rationale. Specific EU Measures Regarding ADR Recommendations to Promote the Quality of Consumer ADR Since 1998 the Commission has adopted two Recommendations to promote consumer ADR.
Pdf. 28 Directive (EC) 2008/52 concerning certain aspects of mediation in civil and commercial matters  OJ L136/3. 29 Regulation (EC) 861/2007 establishing a European small claims procedure,  OJ L199/1. 30 ibid. ’ in MDA Freeman (ed), Current Legal Problems, vol 56, (Oxford, Oxford University Press, 2004), 313–343; CJ Whelan (ed), Small claims courts – A comparative study, (Oxford, Clarendon, 1990), 253 ff. 32 In 2010 the EU launched a ‘European e-Justice portal’33 to facilitate access to justice contributing to the creation of a single area of justice.
Consumer ADR in Europe by Christopher Hodges, Iris Benöhr, Naomi Creutzfeldt