The New Regulatory Framework for Consumer Alternative Dispute Resolution

Pablo Cortés (ed.), The New Regulatory Framework for Consumer Dispute Resolution (Oxford University Press, 2016) Forthcoming

University of Leicester School of Law Research Paper No. 16/28

29 Pages Posted: 11 Jun 2016 Last revised: 22 Jun 2016

See all articles by Pablo Cortes

Pablo Cortes

University of Leicester - School of Law

Date Written: June 9, 2016

Abstract

This concluding chapter calls for ensuring the effective provision of consumer ADR (CADR) by making the requirement of CADR mandatory in a number of sectors where there is a high demand for CADR and to set up an effective residual forum to ensure full coverage. The residual forum can be housed in a tribunal or in a much improved small claims court – it is argued that both of these options should incorporate CADR techniques and be accessible online. Another option, and one that may be less costly and more user-friendly (and thus preferred by consumers), would be the creation of a residual CADR entity with mandatory jurisdiction. The chapter then examines the main arguments against a mandatory CADR scheme, such as the argument of floodgates of complaints driving costs up for traders, the difficulties of enforcing outcomes with reluctant traders, and the restriction to the court and thus access to justice. Lastly this chapter briefly considers a number of dispute design options that policymakers should take into consideration when improving the CADR landscape.

Keywords: Consumer redress, ADR, ODR, CADR, civil justice, mediation, ombudsman

Suggested Citation

Cortes, Pablo, The New Regulatory Framework for Consumer Alternative Dispute Resolution (June 9, 2016). Pablo Cortés (ed.), The New Regulatory Framework for Consumer Dispute Resolution (Oxford University Press, 2016) Forthcoming; University of Leicester School of Law Research Paper No. 16/28. Available at SSRN: https://ssrn.com/abstract=2793564 or http://dx.doi.org/10.2139/ssrn.2793564

Pablo Cortes (Contact Author)

University of Leicester - School of Law ( email )

University Road
Leicester LE1 7RH, LE1 7RH
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
188
rank
157,124
Abstract Views
673
PlumX Metrics