Regulating ADR: Lessons from the UK

Pablo Cortes (ed.) The New Regulatory Framework for Consumer Alternative Dispute Resolution (OUP, 2016) Forthcoming

University of Leicester School of Law Research Paper No. 16/26

34 Pages Posted: 11 Jun 2016 Last revised: 21 Jun 2016

See all articles by Richard Kirkham

Richard Kirkham

University of Sheffield - Faculty of Law

Date Written: June 9, 2016

Abstract

This chapter analyses the manner in which the ADR Directive and ODR Regulation have been implemented in the UK, with a particular focus on the ombudsman sector. The chapter argues that in the UK implementation has been minimalist and that this represents a missed opportunity. The Directive is capable of laying the foundations for robust ADR, but the regulation of the sector looks deficient. As a result, there is a heightened risk that sub-optimal standards in the sector will go undetected which may in turn undermine user confidence. More work needs to be done to make the regulatory set-up a standard-bearer for the sector rather than a passive observer.

Keywords: Ombudsman, Regulation, Standards, ADR Directive

Suggested Citation

Kirkham, Richard, Regulating ADR: Lessons from the UK (June 9, 2016). Pablo Cortes (ed.) The New Regulatory Framework for Consumer Alternative Dispute Resolution (OUP, 2016) Forthcoming; University of Leicester School of Law Research Paper No. 16/26. Available at SSRN: https://ssrn.com/abstract=2793440 or http://dx.doi.org/10.2139/ssrn.2793440

Richard Kirkham (Contact Author)

University of Sheffield - Faculty of Law ( email )

Crookesmoor Building, Conduit Road
Sheffield S10 1FL
United Kingdom

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