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Is ADR the Superior Mechanism for Consumer Contractual Disputes?—an Assessment of the Incentivizing Effects of the ADR Directive

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  • Franziska Weber

Abstract

The European legislator has adopted a Directive on alternative dispute resolution (ADR) which sets out minimum requirements for ADR entities throughout the European Union (EU). From a law and economics point of view, law enforcement is crucial to induce compliance. ADR can be viewed as a means of strengthening consumer law enforcement, leading to compliance at lower costs. Certain conditions, however, have to be fulfilled to exploit the benefits of an ADR mechanism successfully. The goal of this paper is to look into these conditions more specifically and critically assess the ADR Directive in light of these requirements. It is divided into a theoretical section and the analysis of the EU Directive. The main concern results to be the fact that ADR boards with very strong links to traders are allowed under the Directive. When looking at the composition of the bodies, a complicated compromise was enacted that is able to impede the working of such ADR bodies. Given that the Directive aims at minimum harmonization, Member States have the opportunity to provide for a better design in their respective countries responding to this main concern and other critical points identified in the paper. Copyright Springer Science+Business Media New York 2015

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  • Franziska Weber, 2015. "Is ADR the Superior Mechanism for Consumer Contractual Disputes?—an Assessment of the Incentivizing Effects of the ADR Directive," Journal of Consumer Policy, Springer, vol. 38(3), pages 265-285, September.
    • Handle: RePEc:kap:jcopol:v:38:y:2015:i:3:p:265-285
    DOI: 10.1007/s10603-015-9291-7
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    References listed on IDEAS

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    1. Brousseau,Eric & Glachant,Jean-Michel (ed.), 2002. "The Economics of Contracts," Cambridge Books, Cambridge University Press, number 9780521893138.
    2. Herbert M. Kritzer, 2004. "Disappearing Trials? A Comparative Perspective," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 1(3), pages 735-754, November.
    3. Louis Visscher & Tom Schepens, 2010. "A Law and Economics Approach to Cost Shifting, Fee Arrangements and Legal Expense Insurance," Chapters, in: Mark Tuil & Louis Visscher (ed.), New Trends in Financing Civil Litigation in Europe, chapter 2, Edward Elgar Publishing.
    4. Shavell, Steven, 1997. "The Fundamental Divergence between the Private and the Social Motive to Use the Legal System," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 575-612, June.
    5. Karl–Gustaf Lofgren & Torsten Persson & Jorgen W. Weibull, 2002. "Markets with Asymmetric Information: The Contributions of George Akerlof, Michael Spence and Joseph Stiglitz," Scandinavian Journal of Economics, Wiley Blackwell, vol. 104(2), pages 195-211, June.
    6. Gary S. Becker, 1974. "Crime and Punishment: An Economic Approach," NBER Chapters, in: Essays in the Economics of Crime and Punishment, pages 1-54, National Bureau of Economic Research, Inc.
    7. Kahneman, Daniel & Knetsch, Jack L & Thaler, Richard H, 1986. "Fairness and the Assumptions of Economics," The Journal of Business, University of Chicago Press, vol. 59(4), pages 285-300, October.
    8. Hood, Christopher & Rothstein, Henry & Baldwin, Robert, 2004. "The Government of Risk: Understanding Risk Regulation Regimes," OUP Catalogue, Oxford University Press, number 9780199270019, Decembrie.
    9. Brousseau,Eric & Glachant,Jean-Michel (ed.), 2002. "The Economics of Contracts," Cambridge Books, Cambridge University Press, number 9780521814904.
    10. Richard A. Posner, 2000. "The Economic Structure of the Law," Books, Edward Elgar Publishing, number 1309 edited by Francesco Parisi.
    11. Polinsky, A. Mitchell & Shavell, Steven, 2007. "The Theory of Public Enforcement of Law," Handbook of Law and Economics, in: A. Mitchell Polinsky & Steven Shavell (ed.), Handbook of Law and Economics, edition 1, volume 1, chapter 6, pages 403-454, Elsevier.
    12. Richard A. Posner, 1974. "Theories of Economic Regulation," Bell Journal of Economics, The RAND Corporation, vol. 5(2), pages 335-358, Autumn.
    13. Steven Shavell, 1979. "Risk Sharing and Incentives in the Principal and Agent Relationship," Bell Journal of Economics, The RAND Corporation, vol. 10(1), pages 55-73, Spring.
    14. Shavell, Steven, 1993. "The Optimal Structure of Law Enforcement," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 255-287, April.
    15. Shavell, Steven, 1995. "Alternative Dispute Resolution: An Economic Analysis," The Journal of Legal Studies, University of Chicago Press, vol. 24(1), pages 1-28, January.
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    2. M. J. Schmidt-Kessen & R. Nogueira & M. Cantero Gamito, 2020. "Success or Failure?—Effectiveness of Consumer ODR Platforms in Brazil and in the EU," Journal of Consumer Policy, Springer, vol. 43(3), pages 659-686, September.

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