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Consumer ADR in Europe de Professor Christopher Hodges

Consumer ADR in Europe: Civil Justice Systems

Autor Professor Christopher Hodges, Iris Benöhr, Naomi Creutzfeldt
en Limba Engleză Hardback – 9 mai 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.
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Specificații

ISBN-13: 9781849463485
ISBN-10: 1849463484
Pagini: 516
Dimensiuni: 171 x 244 x 15 mm
Greutate: 1.04 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart/Beck
Seria Civil Justice Systems

Locul publicării:London, United Kingdom

Caracteristici

This is the first systematic comparative study into how consumer ADR systems (usually ombudsmen and médiateurs) work.The book covers ADR schemes in France, Germany, Lithuania, the Netherlands, Poland, Slovenia, Spain, Sweden, and the United Kingdom as well as emerging pan-EU dispute resolution schemes.The book also points to how European ADR can be improved in the future.Will be of interest to policy-makers, academics and practitioners across Europe.

Notă biografică

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.

Cuprins

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 systemso WIPOo EuroLeaseo Direct Selling Associationo othersExamples of selected ADR schemesFindings and Discussion of the Models, including comparative statistics Conclusions and RecommendationsAppendices - 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

Recenzii

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.
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
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.
This is a ground-breaking work that will have major impact on European legal systems.
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.

Descriere

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. This is a ground-breaking work that will have a major impact on European legal systems.