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Title: La mediación y el arbitraje de consumo: explorando sistemas de ODR
Author: Barral Viñals, Immaculada
Keywords: consumers
Issue Date: 12-Dec-2010
Publisher: Universitat Oberta de Catalunya
Citation: Barral, Immaculada (2010). "La mediación y el arbitraje de consumo: explorando sistemas de ODR". IDP. Revista de Internet, Derecho y Política, 2010, Vol. 0, núm 11
Abstract: Since 1993, Spain and the rest of the EU have had a legal framework for alternative dispute resolution (ADR) in the field of consumer complaints, which derives from the specific characteristics of these complaints. Some are exclusively legal, the corresponding framework being the Sale of Goods Act, others are mainly factual and are usually of minor economic significance, falling into the category of small claims. The fact that complaints, which are increasing in some areas, are cross-border, conditions the choice between traditional jurisdiction and ADR, another subject dealt with in this article. A major element of legislative policy in the EU must be added to these considerations: ADR is a basic instrument to guarantee consumer access to the legal system, while it is also of great importance in establishing "e-confidence" in the sphere of online commerce. For this reason, new forms of online dispute resolution (ODR) are continuously being explored. ODR aims to reach maximum efficiency by offering technical support capable of settling a dispute with or without the intervention of a third party, and not necessarily within the company organisation. This way, a single technical report can be used to initiate several ADR processes, and automated procedures, which do not need to take legal concepts into consideration, are boosted. While exploration continues, in the Royal Decree 236/2008, Spain has made a commitment to electronic arbitration in consumer complaints. This article deals with these topics.
Language: Spanish
ISSN: 1699-8154MIAR
Appears in Collections:2010, n. 11
Articles cientÍfics

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