Dr Pablo Cortes University of Leicester [email protected]

Hearing of the Committee on the Internal Market and Consumer Protection

Alternative and Online Dispute Resolution

European Parliament Brussels

29 February 2012

Dr Pablo CortesUniversity of [email protected]

I. Sector-specific requirement to participate in “effective” internal complaint processes

II. Automated negotiation in the ODR Platform

III. Complaints forms coupled with information on consumer rights and how

similar disputes were resolved

IV. Pre-existing commitment to participate in an ADR process

V. The traders’ information obligation should clarify whether ADR is offered in the language of the transaction

VI. The ODR Platform should be optional for domestic complaints and offer a

case-management tool to ADR entities

VII. Distinction between binding and non-binding processes,

esp. clarifying the validity of pre-dispute arbitration clauses

VIII. Decisions in binding processes should be published

Adjudication

Recommend

FacilitationThird neutral party

Automated Negotiation

IX. Incentives to participate and to settle

X. Close collaboration between the ODR Platform and consumer enforcement

agencies

Online Dispute Resolution for Consumers in the European Union (Routledge, 2010)