The Role of Consumer ADR in the Administration of Justice
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About this book
Consumer ADR in the Landscape of Adjudication
The landscape of alternative dispute resolution in consumer cases (CADR) is about to change profoundly. With the advent of Directive 2013/11/EU on alternative dispute resolution (ADR) and Regulation (EU) No 524/2013 on online dispute resolution (ODR) a new way to settle disputes is advocated as a tool to enhance the internal market. The ADR system implemented by these instruments is designed to provide for speedy and low-cost out-of-court dispute settlement procedures between consumers and traders arising from the sales of goods and services. However, many questions remain open, namely the impact of the CADR system on the adjudication by state courts. The role CADR can play in the administration of justice is yet to be defined. In the present volume renowned experts of civil procedure and ADR shed light on a newly emerging branch of law.
Topics
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Frontmatter
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Preface
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Table of Contents
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List of Authors
ix - I. Setting the Scene
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Alternative Dispute Resolution for Consumers
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ADR and Adjudication by State Courts: Competitors or Complements?
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Specific Problems of Cross-Border Consumer ADR: What Solutions?
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A Conflict-of-Laws Approach for Cross-Border ADR?
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Consumer ADR – Academia and the Field
67 - II. Institutional Aspects of Consumer ADR
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Impartiality and Independence of the Persons Entrusted with Consumer ADR
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The Role of ADR Institutions: Mere Secretariat or Supervisory Body – Lessons Learned from Institutional Arbitration
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Linking ADR Discourses – Nine Lessons learned from Mediation Development for the Implementation of the EU Directive on Consumer ADR
115 - III. Consumer ADR Proceedings and Result
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On Minimum Standards in Consumer ADR
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Agreements Resulting from Mediation: Judicial Review, Avoidance, and Enforcement
149 - IV. The Wider Picture
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Long Term Commercial Contracts and the Need for Relational Intelligence
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