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The New Regulatory Framework for Consumer Dispute Resolution$
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Pablo Cortés

Print publication date: 2016

Print ISBN-13: 9780198766353

Published to Oxford Scholarship Online: January 2017

DOI: 10.1093/acprof:oso/9780198766353.001.0001

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A Dispute System Design Perspective on the Future Development of Consumer Dispute Resolution

A Dispute System Design Perspective on the Future Development of Consumer Dispute Resolution

Chapter:
(p.371) 17 A Dispute System Design Perspective on the Future Development of Consumer Dispute Resolution
Source:
The New Regulatory Framework for Consumer Dispute Resolution
Author(s):

Jane Williams

Chris Gill

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766353.003.0018

This chapter explores the concept of dispute system design in the context of consumer dispute resolution (CDR). While there is a growing literature on dispute system design (DSD) in North America, practitioners and scholars in the UK and Europe have failed to give significant attention to DSD as a discrete activity. As the role of CDR within civil justice systems across Europe continues to grow, the activity of ‘designing justice’ in this area should increasingly be seen as a matter of constitutional as well as practical significance. A failure to address this issue risks undermining the continued legitimacy of state-sanctioned dispute resolution for consumer-to-business disputes. In this chapter, we present a new dispute design model for CDR mechanisms and, drawing on several case studies, demonstrate how it may be applied in practice.

Keywords:   dispute system design, ADR, ODR, consumer dispute resolution, mediation, consumer redress

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