Consumer Dispute Resolution Mechanisms: Effective Enforcement and Common Principles

Abstract

This chapter focuses on a novel and developing form of dispute resolution: consumer dispute resolution or CDR. A first part highlights the difference between CDR and existing ADR mechanisms. CDR encompasses different architectures and can be facilitated by online dispute resolution (ODR) systems. Both gained moment in 2013 with a new Consumer ADR Directive and Consumer ODR Regulation. In the CDR orbit, other and different forms of (judicial) cooperation exist. A second part touches on the question of whether CDR systems provide efficient and effective enforcement and if anything further is needed. Particular attention is paid to new approaches of enforcement, such as regulatory redress and collaborative approaches between businesses and regulators. The last part tries to discern common principles, standards or rules relating to CDR. Besides the principles laid down in the Consumer ADR Directive , the focus is on other criteria in different contexts, such as the 2013 EC Recommendation on collective redress and the (English) administrative justice framework. The chapter concludes that CDR will continue to grow and expand.