Download This PaperThe Lion's Question Applied to Industry-Based Consumer Dispute Resolution Schemes
Arbitrator and Mediator, Vol. 25, No. 1, pp. 63-81, 2006
University of Queensland TC Beirne School of Law Research Paper No. 08-18
19 Pages Posted: 6 Nov 2008
Date Written: November 5, 2008
Abstract
There has been a substantial growth in the number, size, jurisdiction and complaints handling activities of industry-based consumer dispute resolution schemes in Australia particularly in financial services. The schemes have statutory recognition and, in publishing reasons for their determinations, potentially contribute to the development of the law in their relevant areas. They use a combination of mediation, conciliation and adjudication to resolve disputes. Their position in the legal and economic system is unclear and they present a unique challenge to the courts and legal academics. This challenge is no longer theoretical as disgruntled industry members are increasingly seeking judicial review of scheme decisions.
Keywords: Dispute resolution, financial services, legal system, access to justice, consumer law
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