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The New Regulatory Framework for Consumer Dispute Resolution

Pablo Cortés (ed.)

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.001.0001
Subject:
Law, EU Law

This book 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 ... More


The Implementation of the Consumer ADR Directive in France

Emmanuel Guinchard

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0008
Subject:
Law, EU Law

Consumer mediation has many advantages—in both absolute and relative terms– and France was certainly not the last country to embrace it. However, the landscape (A) is often seen as specific, in that ... More


The Implementation of the Consumer ADR Directive in the Netherlands

Eline Verhage

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0012
Subject:
Law, EU Law

In the Netherlands out-of-court redress for consumer disputes has earned its stripes over the last four decades and it is often referred to as the ‘Dutch approach’. The 2012 Oxford study on Consumer ... More


The Implementation of the Consumer ADR Directive in Belgium

Stefaan Voet

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0007
Subject:
Law, EU Law

This chapter analyses the current consumer Alternative Dispute Resolution (ADR) and Online Dispute Resolution (ODR) landscape in Belgium. In 2014, Belgium was one of the first Member States to ... More


The Implementation of the Consumer ADR Directive and the ODR Regulation in Ireland

G. Brian Hutchinson

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0010
Subject:
Law, EU Law

Ireland has transposed the consumer ADR Directive into national law. Section B of this chapter maps the Irish CADR landscape in the lead up to implementation in further detail, focusing on the ... More


Consumer Redress in the United States

Amy J. Schmitz

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0016
Subject:
Law, EU Law

This chapter provides a snapshot of consumer redress processes in the United States (US), and suggests policy reforms building on advances in the European Union (EU). The US traditionally has been ... More


A Dispute System Design Perspective on the Future Development of Consumer Dispute Resolution

Jane Williams and Chris Gill

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0018
Subject:
Law, EU Law

This chapter explores the concept of dispute system design in the context of consumer dispute resolution (CDR). While there is a growing literature on dispute system design (DSD) in North America, ... More


Cross-border Consumer Redress after the ADR Directive and the ODR Regulation

Guillermo Palao Moreno

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0019
Subject:
Law, EU Law

For decades, EU institutions have aimed at providing an effective legal framework for consumer disputes in order to facilitate access to justice for consumers and, as a result, to raise their ... More


New Trends for ADR in the European Union

Giuseppe De Palo and Romina Canessa

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0020
Subject:
Law, EU Law

This chapter examines the latest efforts from the European Union and national policy makers requiring disputants to attempt mediation and other Alternative Dispute Resolution (ADR) options before ... More


Conclusion: Ensuring the Provision of Consumer Dispute Resolution

Pablo Cortés

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0022
Subject:
Law, EU Law

This concluding chapter calls for ensuring the effective provision of CADR by making the requirement of CADR mandatory in a number of sectors and to set up an effective residual forum to ensure full ... More


The New Landscape of Consumer Redress: The European Directive on Consumer Alternative Dispute Resolution and the Regulation on Online Dispute Resolution

Pablo Cortés

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0002
Subject:
Law, EU Law

This chapter examines the new regulatory framework in the EU and notes that while the Directive creates an opportunity to increase the availability and awareness of quality CADR entities, it also ... More


Developments in European Civil Procedures

Pablo Cortés and Rafał Mańko

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0003
Subject:
Law, EU Law

This chapter is structured as follows. In Section B we explore the legal basis for the creation of European civil procedures and Europeanization of procedural private law in general. In Section C we ... More


The Consumer Arbitration Conundrum: A Matter of Statutory Interpretation or Time for Reform?

Pablo Cortés

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0004
Subject:
Law, EU Law

This chapter examines the legal status of consumer arbitration in the UK and under European and international law. The chapter notes that while the Unfair Terms Directive mainly restricts the ... More


Access to Court? ‘Encouraging’ Consumers to use Court-Connected Mediation in Small Claims and Other Cases

Sue Prince

in The New Regulatory Framework for Consumer Dispute Resolution

Published in print:
2016
Published Online:
January 2017
ISBN:
9780198766353
eISBN:
9780191833601
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198766353.003.0005
Subject:
Law, EU Law

This chapter examines the policy to encourage take up of mediation schemes which has been fuelled in recent years by various European and national initiatives. The Mediation Directive 2008/52/EC, ... More


Online Dispute Resolution and Prevention: A Historical Overview

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0002
Subject:
Law, Company and Commercial Law

Chapter 1 provides an overview of the evolution of online dispute resolution (ODR). In the early days of the internet there were relatively few disputes, and social norms were an effective means for ... More


Access to Digital Justice

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0003
Subject:
Law, Company and Commercial Law

Chapter 2 offers a conceptual framework of access to digital justice through which the case studies in later chapters are analyzed. It opens with an overview of the origins of access to justice, the ... More


E-commerce and the Internet of Money

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0004
Subject:
Law, Company and Commercial Law

Chapter 3 opens Part II of the book with a focus on e-commerce. E-commerce is the arena in which ODR is most developed and where it has been embraced by public international bodies interested in ... More


The Challenge of Social and Anti-Social Media

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0006
Subject:
Law, Company and Commercial Law

Chapter 5 focuses on social media as a major site for social interaction, both positive and negative. Both the fictional scenario that opens the chapter and the account of the true story that follows ... More


Labor and the Network of Work

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0007
Subject:
Law, Company and Commercial Law

Chapter 6 focuses on the workplace in the digital era and the types of disputes that arise in this new environment. As work becomes more flexible, global, and dynamic, it creates new opportunities ... More


ODR in Courts and Other Public Institutions

Ethan Katsh and Orna Rabinovich-Einy

in Digital Justice: Technology and the Internet of Disputes

Published in print:
2017
Published Online:
April 2017
ISBN:
9780190464585
eISBN:
9780190464615
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780190464585.003.0008
Subject:
Law, Company and Commercial Law

Chapter 7 focuses on the spread of online dispute resolution (ODR) from the private to the public sector, centering on courts. Citizens now expect interactions with public entities to be as ... More


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