In this paper we discuss if and to what extent the 2013 EU Regulation on consumer online dispute resolution (ODR) in tandem with the EU Directive on consumer alternative dispute resolution (ADR) is likely to finally fulfil the opportunities that policy makers and academics have announced for many years about ODR. Part I examines the reasons why ODR has not yet taken off. Part II discusses the previous EU initiatives that aimed to promote the use of ADR and ODR. Part III briefly examines the Directive on consumer ADR and the Regulation on consumer ODR, and it compares the EU approach with the UNCITRAL draft rules on ODR. Finally, Part IV evaluates the obstacles faced in the implementation of the EU ODR Platform while it calls for embedding incentives in its operation, offering an online negotiation tool, a connection to small claims processes, and the incorporation of adequate tools to overcome the language barriers.
|Journal||Maastricht Journal of European and Comparative law|
|Publication status||Published - 2014|