ADR ODR systems for alternative dispute resolution principles standards accreditation consumer law e-commerce mediation arbitration e-justice
Universitat Oberta de Catalunya
Cortés, Pablo (2010). "Un modelo para la acreditación de los sistemas ODR en la Unión Europea". IDP. Revista de Internet, Derecho y Política, 2010, Vol. 0, núm 10
This article focuses on a proposal for stimulating online dispute resolution (ODR) in the European Union, to contribute to the development of the internal market. It is suggested that expansion of ODR has come to a halt due to various factors, such as the litigants being unaware of ODR, lack of legitimacy of ODR services providers and limited public funding. We put forward the creation of a European regulatory system for the accreditation of ODR services that centre on the settling of disputes between consumers and companies. The proposed regulation would lead to legal standards for accredited ODR providers that pronounce enforceable sentences and for those obliged to take part in the online processes. Consolidation of the foundations for the system would be based on the existing provisions in the EU framework, as are best practice and codes of conduct developed by international bodies. The regulation would create a European seal of confidence to be given to those providers of ODR services that meet the legal requirements. Compliance with the norms would be controlled by national and EU bodies through European Consumer Centres.