Author: Pablo Cortés
Publisher: Routledge
ISBN: 1136943501
Category : Law
Languages : en
Pages : 283
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Book Description
Offers an account of ODR for consumers in the EU context, presenting a comprehensive investigation of the development of ODR for business to consumer disputes within the EU. This book examines the role of both the European legislator with the Mediation Directive and the English judiciary in encouraging the use of mediation.
Author: Martin Gramatikov
Publisher: Maklu
ISBN: 904660473X
Category : Law
Languages : en
Pages : 196
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Book Description
Of the ODR movement and review of the relevant literature / Marta Poblet -- Definitions of online dispute resolution / Simon Thomson & Avrom Sherr -- ODR and trans-border disputes / Przemysław Pecherzewski & Piotr Rodziewicz -- EU regulation on ODR : an introduction and some thoughts / Graham Ross -- Normative and positive developments in the field of online dispute resolution : the European Union level / Bilyana Gyaurova-Wegertseder -- What dispute resolution tasks to support with ODR, and how to support them / Jelle van Veenen -- Measuring the costs of ODR / Martin Gramatikov -- Quality of ODR procedures / Laura Klaming -- Dimension of the quality of the outcome of dispute resolution processes / Martin Gramatikov & Robert Porter.
Author: Pablo Cortés
Publisher: Oxford University Press
ISBN: 0191079081
Category : Law
Languages : en
Pages : 512
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Book Description
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: Emma van Gelder
Publisher:
ISBN: 9789462363342
Category : Consumer protection
Languages : en
Pages : 0
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Book Description
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
ISBN: 1504963547
Category : Business & Economics
Languages : en
Pages : 116
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Book Description
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-Viñals
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: Tatiana-Eleni Synodinou
Publisher: Springer
ISBN: 3319649558
Category : Law
Languages : en
Pages : 433
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Book Description
This book provides an overview of recent and future legal developments concerning the digital era, to examine the extent to which law has or will further evolve in order to adapt to its new digitalized context. More specifically it focuses on some of the most important legal issues found in areas directly connected with the Internet, such as intellectual property, data protection, consumer law, criminal law and cybercrime, media law and, lastly, the enforcement and application of law. By adopting this horizontal approach, it highlights – on the basis of analysis and commentary of recent and future EU legislation as well as of the latest CJEU and ECtHR case law – the numerous challenges faced by law in this new digital era. This book is of great interest to academics, students, researchers, practitioners and policymakers specializing in Internet law, data protection, intellectual property, consumer law, media law and cybercrime as well as to judges dealing with the application and enforcement of Internet law in practice.
Author: Jie Zheng
Publisher: Springer Nature
ISBN: 3030541207
Category : Law
Languages : en
Pages : 376
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Book Description
This book discusses how technological innovations have affected the resolution of disputes arising from electronic commerce in the European Union, UK and China. Online dispute resolution (ODR) is a form of alternative dispute resolution in which information technology is used to establish a process that is more effective and conducive to resolving the specific types of dispute for which it was created. This book focuses on out-of-court ODR and the resolution of disputes in the field of electronic commerce. It explores the potential of ODR in this specific e-commerce context and investigates whether the current use of ODR is in line with the principles of access to justice and procedural fairness. Moreover, it examines the major concerns surrounding the development of ODR, e.g. the extent to which electronic ADR agreements are recognized by national courts in cross-border e-commerce transactions, how procedural justice is ensured in ODR proceedings, and whether ODR outcomes can be effectively enforced. To this end, the book assesses the current and potential role of ODR in resolving e-commerce disputes, identifies the legal framework for and legal barriers to the development of ODR, and makes recommendations as to the direction in which practice and the current legal framework should evolve. In closing, the book draws on the latest legislation in the field of e-commerce law and dispute resolution in order to make recommendations for future ODR design, such as the EU Platform-to-Business Regulation on Promoting Fairness and Transparency for Business Users of Online Intermediation Services (2019) and the United Nations Convention on International Settlement Agreements Resulting from Mediation (2018), which provide the legal basis for ODR’s future development.
Author: Pablo Cortés
Publisher: Cambridge University Press
ISBN: 1107079004
Category : Business & Economics
Languages : en
Pages : 329
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Book Description
This book analyses the most recent processes, laws and best practices for consumer dispute resolution and the law related to consumer redress.
Author: Caroline Cauffman
Publisher:
ISBN: 9781780683737
Category : Civil law
Languages : en
Pages : 0
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Book Description
In numerous fields of law, ranging from family law to company law, private actors increasingly set their own rules, revert to private enforcement of those rules and choose the applicable law. Within each field this tendency has already been scrutinised. Until now, however, few attempts have been made to look at these phenomena together with a view to arriving at conclusions that go beyond one specific field. This book is a first attempt to fill this gap. It is relevant for scholars and practitioners working in the individual fields of law covered (private international law, company law, family law, consumer law and commercial law) as well as for scholars and policy makers trying to grasp the overall nature of the increasing privatisation of the law.
Author: Michael Stürner
Publisher: Otto Schmidt/de Gruyter European Law Publishers
ISBN: 9783866536098
Category : Law
Languages : en
Pages : 0
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Book Description
Consumer ADR in the Landscape of Adjudication The landscape of alternative dispute resolution in consumer cases (CADR) is about to change profoundly. With the advent of Directive 2013/11/EU on alternative dispute resolution (ADR) and Regulation (EU) No 524/2013 on online dispute resolution (ODR) a new way to settle disputes is advocated as a tool to enhance the internal market. The ADR system implemented by these instruments is designed to provide for speedy and low-cost out-of-court dispute settlement procedures between consumers and traders arising from the sales of goods and services. However, many questions remain open, namely the impact of the CADR system on the adjudication by state courts. The role CADR can play in the administration of justice is yet to be defined. In the present volume renowned experts of civil procedure and ADR shed light on a newly emerging branch of law.
