Consumer dispute resolution online: the evolution of European law for out of courts redress
autori: Dr.hab. PLOTNIC Olesea, CIOCHINA Elena
This research aims to put in discussion if and to what extent the EU Regulation on consumer online dispute resolution (ODR) in tandem with the EU Directive on consumer alternative dispute resolution (ADR) is likely to fi finally fulfil the expectations of ODR that policy makers and academics have had for many years. It aims to examine the reasons why ODR has not yet taken off , discuss previous EU initiatives that aimed to promote the use of ADR and ODR., and to examine the Directive on consumer ADR and the Regulation on consumer ODR, and to compare the EU approach with the UNCITRAL (United Nations Commission on International Trade Law) draft rules on ODR. It is essential to evaluate the obstacles faced in the implementation of the EU ODR Platform, and calls for the embedding of incentives in its operation, the provision of an online negotiation tool, a connection to small claims processes, and the incorporation of adequate tools to overcome language barriers in EU. It is hoped that the research will prove that ADR Directive and the ODR Regulation will overcome some of the challenges that have impeded ODR from developing further. The research should increase awareness of ODR to a significant extent, which in turn will hopefully help to stimulate the internal market.
KEY WORDS: European Union, online,consumer law, protection, ADR, ODR