The Role of Consumer ADR in the Administration of Justice PDF Download
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Author: Michael Stürner
Publisher:
ISBN: 9783866532892
Category :
Languages : en
Pages : 174
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Book Description
Author: Michael Stürner
Publisher:
ISBN: 9783866532892
Category :
Languages : en
Pages : 174
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Book Description
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: 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: Pablo Cortés
Publisher: Oxford University Press
ISBN: 0191079073
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: Naomi Creutzfeldt
Publisher: Bloomsbury Publishing
ISBN: 1509939458
Category : Law
Languages : en
Pages : 305
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Book Description
How do ordinary people access justice? This book offers a novel socio-legal approach to access to justice, alternative dispute resolution, vulnerability and energy poverty. It poses an access to justice challenge and rethinks it through a lens that accommodates all affected people, especially those who are currently falling through the system. It raises broader questions about alternative dispute resolution, the need for reform to include more collective approaches, a stronger recognition of the needs of vulnerable people, and a stronger emphasis on delivering social justice. The authors use energy poverty as a site of vulnerability and examine the barriers to justice facing this excluded group. The book assembles the findings of an interdisciplinary research project studying access to justice and its barriers in the UK, Italy, France, Bulgaria and Spain (Catalonia). In-depth interviews with regulators, ombuds, energy companies, third-sector organisations and vulnerable people provide a rich dataset through which to understand the phenomenon. The book provides theoretical and empirical insights which shed new light on these issues and sets out new directions of inquiry for research, policy and practice. It will be of interest to researchers, students and policymakers working on access to justice, consumer vulnerability, energy poverty, and the complex intersection between these fields. The book includes contributions by Cosmo Graham (UK), Sarah Supino and Benedetta Voltaggio (Italy), Marine Cornelis (France), Anais Varo and Enric Bartlett (Catalonia) and Teodora Peneva (Bulgaria).
Author: Pablo Cortés
Publisher: Cambridge University Press
ISBN: 1108548067
Category : Law
Languages : en
Pages : 330
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Book Description
This book advances the emerging of a new sub-field of study, the law of consumer redress, which encompasses the various dispute resolution processes for consumers, their regulations, and best practices. The book argues that the institutionalisation of alternative dispute resolution (ADR) bodies are expanding their functions beyond dispute resolution, as they are increasingly providing a public service for consumers that complements, and often replaces, the role of the courts. Although the book focuses on ADR, it also analyses other redress methods, including public enforcement, court adjudication and business internal complaints systems. It proposes a more efficient rationalisation of certified redress bodies, which should be better co-ordinated and accessible through technological means. Accordingly, the book calls for greater integration amongst redress methods and offers recommendations to improve their process design to ensure that, inter alia, traders are encouraged to participate in redress schemes, settle early meritorious claims and comply with outcomes.
Author: Cortés, Pablo
Publisher:
ISBN: 1108604439
Category :
Languages : en
Pages : 330
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Book Description
Author: Olha O. Cherednychenko
Publisher: Edward Elgar Publishing
ISBN: 1789908116
Category : Law
Languages : en
Pages : 327
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Book Description
This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.
Author: Great Britain: Cabinet Office
Publisher: The Stationery Office
ISBN: 9780101814522
Category : Political Science
Languages : en
Pages : 60
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Book Description
This White paper puts forward a comprehensive policy framework across public services. It sets out the principles for reforming public services and how they apply to existing policies. It also, crucially, outlines a range of wider ambitions for further consultation. The Government plans to follow five principles for modernising public services: wherever possible choice will be increased; public services should be decentralised to the lowest possible level; public services should be open to a range of providers; ensuring fair access to public services and that public services should be accountable to users and to taxpayers. In applying these principles it is recognised that different public services have different characteristics and the proposals are tailored accordingly. In essence, three different categories of public services are identified: individual services; neighbourhood services; and commissioned services. For individual services the aim is to put power in the hands of the people who use them; for neighbourhood services the aim is to put power in the hands of the elected councils; and for commissioned services, the intention is to open up and, where appropriate, decentralise commissioning to ensure greater quality and diversity.
Author: Alexia Pato
Publisher: Bloomsbury Publishing
ISBN: 1509930302
Category : Law
Languages : en
Pages : 286
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Book Description
In recent decades, the rise in cross-border law violations has harmed numerous victims around the globe. The damages are often dispersed and low-level. As a result, the private enforcement gap has deepened and collective redress represents an interesting procedural instrument that is able to provide effective access to justice. This book analyses thoroughly the dominant collective redress models adopted in the EU. Data from 13 Member States has been catalogued and categorised. The research mainly focuses on the consumer law field but frequent references to financial and data protection-related cases are made. The dominant collective redress models are then studied from a private international law perspective. In particular, the book highlights the current mismatch between collective redress on the one hand, and rules on international jurisdiction on the other. Additionally, it notes that barriers to cross-border litigation remain significant for victims and their representatives. The unprecedented empirical study included in this book confirms that statement. Observing that EU measures have not satisfactorily lowered those barriers, the author proposes the creation of a new head of jurisdiction for cases of international collective redress. This book will be of interest to private international law scholars, researchers, students, legal practitioners, judges and policy-makers. It is a reference point for those with an interest in cross-border collective redress in particular, and private international law in general.
