Call for evidence - On EU proposals on Alternative Dispute Resolution (ADR)
Open date: 21 Dec 2011
Closing date: 31 Jan 2012
Response date: 04 May 2012
This Call for Evidence seeks views from UK stakeholders on recent proposals from the European Commission on consumer alternative dispute resolution. In summary, the Commission argue that all EU consumers should be able to solve their problems without going to court, regardless of the kind of product or service that the contractual dispute is about and regardless of where they bought it in the European Single Market. In addition, for consumers shopping online and from another EU country, the Commission want to create an EU-wide single online platform which will allow contractual disputes to be solved entirely online and within 30 days. The proposals are likely to impact UK consumers, businesses and organisations that currently provide alternative dispute resolution services. Views are sought on the likely scale of these impacts. Views received will help form the UK’s negotiating position.
Background to the Call for Evidence
Alternative dispute resolution (ADR) refers to schemes that are available to help complainants resolve their disputes out of court. The most common forms are mediation, where an independent third party helps the disputing parties to come to a mutually acceptable outcome, and arbitration where an independent third party considers the facts and takes a decision. Often this decision is binding on one or other of the parties. Ombudsman schemes are another widely recognised form of ADR. ADR can offer a low-cost and fast alternative for consumers and businesses seeking to resolve disputes, which they cannot resolve between themselves. Where ADR procedures are completed entirely online this is referred to as online dispute resolution (ODR).
On 29 November 2011 the European Commission published a Communication on Alternative Dispute Resolution for consumer disputes in the Single Market alongside legislative proposals for a draft Directive on ADR and a draft Regulation on ODR. Copies of these proposals can be found on the European Commission website.
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