Implementation of the Consumer ADR Directive

Abstract

Alternative dispute resolution (ADR) and online dispute resolution (ODR) are pathways to redress for consumers to resolve their complaints about goods and services. In July 2015 the consumer ADR directive (2013/11/EU) was implemented in EU member states. It requires member states to provide ADR bodies for most consumer to business (c2b) disputes. Additionally, the regulation on ODR (2013/524), due to be implemented in January 2016, involves the creation of a pan-European platform as access point for complaints about e-commerce. Combined, the legislations cover dispute resolution for domestic, cross-border, and e-commerce consumer disputes. The aim is to provide an accessible and simple way for consumers to access justice, to safeguard their rights and to engage in commercial transactions in the EU single market. Civil justice systems present obstacles for consumers to access courts, in the form of unpredictable costs, complexity of litigation, and lack of clear timescales. The legislation on ADR and ODR introduces significant change to the existing civil justice landscape in Europe by creating an additional pathway for consumers to obtain accessible, timely, and cost effective redress. The idea of this EU harmonisation measure is plausible and fills an access to justice gap. However, the reality on the ground, its implementation, is providing member states with challenges. This opinion piece offers comments on how some of the EU member states have implemented the new rules into national legislation, and discusses some of the challenges of seeking to do so.

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