Seminar
Out-of-court resolution of
consumer disputes
Sava Centar, Belgrade, 27-28 June 2013
Dr Christine Riefa
Consumer dispute resolution
landscape
Public
enforcement
undertakings
Criminal
Courts
Private Enforcement
Civil Courts
Small claims
Other Civil
Courts
Out-of-court
Tribunals
ADR
ODR
From ADR to ODR
• ODR Regulation is designed to work in
conjunction with the ADR Directive
• Not a stand-alone piece of legislation
• Caters for electronic commerce as well as
mobile commerce transactions (mobile phone
purchases)
Main features of Regulation on ODR
for consumer disputes
Goals?
What
disputes?
How is ODR
delivered?
An ODR Regulation – what for?
• Achieve a high level of consumer protection
• Contribute to functioning of internal market
(including digital dimension)
• Provide an ORD platform facilitating the
independent, impartial, transparent, effective,
fast and fair out-of-court resolution of
consumer disputes between consumers and
traders online – platform live end of 2015.
Types of disputes subject to ODR
People
Geography
Electronic &
Mobile Contracts
Consumer
National
disputes
Sales
Trader
(including
marketplaces)
Cross-border
(2 legs only)
Services
Main characteristics of the ODR
platform
User-friendly,
interactive
website
Respect for
privacy &
confidentiality
Available
‘Your Europe
Portal’
Operated,
financed and
maintained
by EU
Commission
Free of charge
Official
languages of
the EU
(translation by
Commission)
Functions of the ODR Platform
•
•
•
•
•
•
•
•
Provide electronic complaint form
Inform respondent about complaint
Identify competent ADR entity & transmit complaint
Offer free electronic case management tool to enable conduct of
ADR procedure through the ODR platform
Provide translation of information necessary for resolution of
dispute exchanged through platform
Provide feedback system for the parties to comment on overall
procedure
Make available information about ADR processes, listed ADR
entities, online guide to submitting complaints on ODR platform,
information about national contact points, statistical data about
outcomes.
Information should be accurate, up-to-date and provided in a clear,
understandable and easily accessible way.
Networks and contact points
• Each MS designates one ODR contact point
– Provides support to resolution of disputes by
facilitating communication, such as help with
complaint form, information on functioning of ODR
platform, etc.
• ODR contact point can be ECC-Net, consumer
association, or any other body
• Each contact point shall host at least two ODR
advisors
• Cooperation network for contact points with
twice a year meetings (organised by Commission)
Life of an ODR complaint
Submission of
complaint form
Processing and
transmission of
complaint
Resolution of
dispute
Submission of complaint form
• Electronic complaint form
• Contains all information sufficient to determine the competent ADR entity
– Party is consumer or trader?
– Name, email and geographical address of Consumer + same for trader
– Details on complainant’s representative if any (including name, email and
address + languages)
– Language of respondent if known
– Types of goods or services to which complaint relates
– Form of order (website or other)
– Price
– Date of purchase
– Has consumer made direct contact with trader?
– Has the dispute previously been considered by an ADR entity or court?
– Type of complaint and description
– Any obligatory ADR entity
Processing and transmission of
complaint
Duly completed
Complaint form
completion on ODR
platform
Not fully completed
ODR platform
transmit to the
respondent
Complaint cannot
be processed until
complete
Parties agree on
ADR platform
Parties do not agree
within 30 days –
claim not processed
Processing and transmission of
complaint
ADR entity agrees to
take on the case
ADR entity informs
parties of procedural
rules and costs
ADR entity rejects case
– end of ODR process
Contact ODR advisor
for information on
other means of redress
Parties agree on ADR
platform
Processing and transmission of
complaint
ADR entity agrees to
take on the case
ADR entity informs
parties of procedural
rules and costs
Conduct of
proceedings
Resolution of dispute
Concludes procedure within
90 days
Conduct of proceedings
Can use ODR platform to
conduct proceedings but not
obligatory
Physical presence not
required
Communicates dates of
receipt of file, type of
complaint, date of
conclusion of procedure to
ODR platform
ODR in practice
Challenges of
consumer ODR
Key factors to
consider
Challenges of consumer ODR
• ODR will rely on ADR entities
• Some ODR procedures exist – build on existing
model of ADR (mediation, conciliation, arbitration,
etc)
• Emerging forms – automated negotiation
• Most noted providers (e.g. Square Trade,
Mediateurs du Net.fr) have now closed
• Critical mass and adequate co-ordination are main
challenges
Key factors to consider
• ODR cannot dispense from an efficient ADR
system
• ODR can help deal with volume of dispute (with
free case management tools)
• ODR can help with translation costs in crossborder disputes
• ODR can help leapfrog implementation issues and
help boost e-commerce if dispute resolution is
effective
Any questions?
Christine.riefa@brunel.ac.uk