Consumer ombudsmen better regulation and dispute

Authors: Christopher J S Hodges

Publish Date: 2015/01/21

Volume: 15, Issue: 4, Pages: 593-608

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Abstract

This paper argues three main points Firstly implementation of the EU Consumer ADR Directive offers the opportunity of significantly improving access to justice But it also offers Member States wider opportunities to do much more Secondly the selection of a particular CDR system can have important economic consequences An arbitrationbased CDR system may be entirely acceptable as dispute resolution but an ombudsmanbased system should add the considerable additional advantages of providing extensive consumer advice and also of significant amounts of regulatory information that can be turned to good use through market scrutiny mechanisms and regulatory enforcement authorities Thirdly there is the opportunity to modernise every type of dispute resolution mechanism The mediation technique has been assimilated into litigation systems but CDR systems show that adopting new architectures for particular disputes can deliver more effective and efficient dispute resolution Indeed it is possible to postulate a vision of a reformed integrated and holistic EU system for resolution of conflictsResearch funding is acknowledged from the Swiss Reinsurance Company Limited the international law firm CMS and the European Justice Forum This paper was first presented at the Fourth Annual Consumer ADR Conference in Oxford on 31 October 2014 An updated version will be presented at the ERA conference ADR ODR in the EU on 5 and 6 March 2015 in Trier

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