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English
Beck/Hart Publishing
10 May 2012
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.

This title is included in Bloomsbury Professional's International Arbitration online service.

By:   , , ,
Imprint:   Beck/Hart Publishing
Country of Publication:   United Kingdom
Dimensions:   Height: 244mm,  Width: 171mm,  Spine: 15mm
Weight:   1.021kg
ISBN:   9781849463485
ISBN 10:   1849463484
Series:   Civil Justice Systems
Pages:   516
Publication Date:  
Audience:   Professional and scholarly ,  Undergraduate
Format:   Hardback
Publisher's Status:   Active
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

Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, University of Oxford and Erasmus Professor of the Fundamentals of Private Law, Erasmus University. Iris Benöhr is a Post-Doctoral Researcher at the Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, University of Oxford. Naomi Creutzfeldt-Banda is a Post-Doctoral Researcher at the Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, University of Oxford.

Reviews for Consumer ADR in Europe

This is a ground-breaking work that will have major impact on European legal systems.www.soep-online.deJuly 2012'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


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