This Policy Brief summarizes the findings of a joint project between Oxford University and the Catholic University of Leuven aimed at evaluating different mechanisms for delivering collective redress. It identifies eleven principles for market regulation, and the three principal goals for collective redress of delivering compensation, affecting the future behaviour of markets, and achieving these goals in a timely and cost-efficient way.
The authors present a significant body of evidence in relation to improving enforcement generally, and collective redress in particular, and make a series of policy conclusions:
1. Redress should not be considered on its own but as an integral part of contributing to strong and competitive markets.
2. The leading contenders for these tasks are the ‘new technologies’ of regulatory and ombudsmen mechanisms.
3. Sectoral and generic regulators should have redress powers as part of their enforcement toolboxes, subject to appropriate oversight mechanisms.
4. Both sectoral legislation that requires ADR and the generic consumer ADR legislation should specify that consumer ombudsmen
models should be required, rather than other types of general ADR.
5. Traditional litigation procedures fail essential criteria of accessibility, speed, cost, efficiency, and outcomes. In comparison, newer technologies score well against those criteria, and when designed appropriately can deliver multiple objectives in relation to making markets work well and protecting consumers and businesses besides just redress.
This policy brief outlines major developments and issues in consumer dispute resolution systems in Europe that were highlighted at the conference 'Consumer ADR: Delivering Fairness and Justice for Consumers, Business and Markets' held at Wolfson College, Oxford on 18 and 19 March 2019.
This policy brief addresses the difficulty consumers face when trying to resolve minor disputes with business, for which the courts prove too slow and costly. It comes in response to the EC proposed legislation in November 2011 for an EU-wide alternative dispute resolution mechanism.
By consolidating the emerging alternative dispute resolution systems, the policy brief proposes a new model to both enable consumers to effectively enforce their rights, and to help identify problems and prevent them from becoming mass issues.
This policy brief reports on the main conclusions from an international conference held at Wolfson College, Oxford, at which representatives from seven governments, ombudsmen, and academic experts assessed efforts to implement new dispute resolution mechanisms across EU Member States.
Measures by the EU to improve access to justice for citizens in the European single market due to come into force in 2015 will have significant consequences for the administration of civil justice and the resolution of disputes between consumers and business.