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Title: A new regulatory framework for extra-judicial consumer redress: Where we are and how to move forward
Authors: Cortés, Pablo
First Published: 17-Mar-2014
Publisher: Wiley-Blackwell Publishing Ltd
Citation: Legal Studies, 2015, 35 (1), pp. 114-141
Abstract: This paper examines the new legal framework on consumer Alternative Dispute Resolution (ADR) in the EU. Its primary contribution lies in identifying that harmonising the complaint submission in a pan-European Online Dispute Resolution (ODR) platform, and directing parties to nationally approved ADR entities that comply with minimum standards, will not fulfil the potential of an extra-judicial consumer redress system. This paper proposes key functions that the ODR platform should incorporate if it is to provide effective redress. This paper also argues that a successful ODR platform should include built-in incentives that encourage parties to: (i) participate in approved ADR processes; (ii) settle complaints with little or no intervention from neutral third parties; and (iii) ensure voluntary compliance with final outcomes.
DOI Link: 10.1111/lest.12048
ISSN: 0261-3875
eISSN: 1748-121X
Version: Post-print
Status: Peer-reviewed
Type: Journal Article
Rights: Copyright © 2014 The Society of Legal Scholars. This is the peer reviewed version of the following article: Cortés, P. (2015), A new regulatory framework for extra-judicial consumer redress: where we are and how to move forward. Legal Studies, 35: 114–141, which has been published in final form at . This article may be used for non-commercial purposes in accordance with Wiley Terms and Conditions for Self-Archiving.
Appears in Collections:Published Articles, School of Law

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