Julia Constanze Elser Mediation als Verbraucher-ADR-Verfahren

About this book

According to the EU-Directive on Consumer-ADR, the member states have to ensure that all consumer complaints may be submitted to an ADR entity that facilitates the resolution of disputes arising from transactions between consumers and traders. This directive continues the series of measures encouraging out-of-court dispute resolution that have been taken by the European and German legislator. Among these are the Mediation Directive and the German Mediation Law which also apply to disputes between consumers and traders.

The EU-Commssion reagards the profileration of ADR entities as a means to improve the functioning of the retail internal market: The seamless access to simple, fast and low-cost ADR-solutions is meant to strengthen consumers’ trust in the enforceability of their rights and hence in the internal market. Yet Consumer-ADR is believed to serve two purposes: acces to justice and private law enforcement. Consumer ADR shall contribute to the effective enforcement of the already existing high standards of consumer protection within the EU.

This book analyzes whether mediation as a consensual dispute resolution method may achieve the pursued aims or whether it is rather detrimental to consumers as disputes are not subject to public discourse in trials but confidentially settled. Additionally, the book explores whether measures aiming at fostering ADR allow for the use of consumer mediation in a way that exploits its benefits and avoids its pitfalls.