The Transformation of Consumer Dispute Resolution in the EU
Consumer out-of-court redress in the EU is undergoing the most important changes in its history. This is due to the recent adoption of two legislative instruments: the Directive on Alternative Dispute Resolution (ADR) and the Regulation on Online Dispute Resolution (ODR). The ADR Directive, which must have been implemented in all the Member States by July 2015, will ensure the availability of quality ADR schemes for resolving domestic and cross-border consumer disputes.
The theme of this conference will be to critically examine how the new European rules have been transposed by the national legislators and the impact that the new law will have in the ADR/ODR landscape.
In addition, the conference will analyze how traditional ADR schemes are implementing ODR technology and design processes that, inter alia, increase access to redress while discouraging unmeritorious claims, facilitate voluntary compliance of final outcomes, and encourage traders to tackle causes of complaints as well as consequences.
Romina Canessa, from ADR Center, will discuss the latest efforts from the EU and national policy makers requiring disputants to attempt mediation and other ADR options before going to court. She will explain that the use of mediation and ADR is still way below its full potential and will accordingly, propose a number of best practices that the EU and the Member States should implement, such as the Italian Model of Mediation which, in terms of mediation numbers, has been the most successful in the EU.