Consumer Dispute Resolution Goes Online: Reflections on the Evolution of European Law for Out-of-Court Redress

Abstract

In this paper we discuss if and to what extent the 2013 EU Regulation on consumer online dispute resolution (ODR) in tandem with the EU Directive on consumer alternative dispute resolution (ADR) is likely to finally fulfill the expectations of ODR that policy makers and academics have had for many years. Part I examines the reasons why ODR has not yet taken off. Part II discusses previous EU initiatives that aimed to promote the use of ADR and ODR. Part III briefly examines the Directive on consumer ADR and the Regulation on consumer ODR, and it compares the EU approach with the UNCITRAL draft rules on ODR. Finally, Part IV evaluates the obstacles faced in the implementation of the EU ODR Platform, and calls for the embedding of incentives in its operation, the provision of an online negotiation tool, a connection to small claims processes, and the incorporation of adequate tools to overcome language barriers.

Keywords: ODR, e-commerce, 2013 EU regulation on ODR, 2013 EU directive on ADR, alternative dispute resolution, online disputes, Regulation 2013/524, Directive 2013/11