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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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Conclusion

Conclusion

Ensuring the Provision of Consumer Dispute Resolution

Chapter:
(p.447) Conclusion
Source:
The New Regulatory Framework for Consumer Dispute Resolution
Author(s):

Pablo Cortés

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766353.003.0022

This concluding chapter calls for ensuring the effective provision of CADR by making the requirement of CADR mandatory in a number of sectors and to set up an effective residual forum to ensure full coverage. The residual forum can be housed in a tribunal or in a much improved small claims court. Another option, and one that may be less costly and more user-friendly would be the creation of a residual CADR entity with mandatory jurisdiction. The chapter then examines the main arguments against a mandatory CADR scheme, such as the argument of opening the floodgates of complaints and driving costs up for traders, the difficulties of enforcing outcomes with reluctant traders, and restriction on applying to the courts and thus access to justice. Lastly this chapter briefly considers a number of dispute design options that policy makers should take into consideration when improving the CADR landscape.

Keywords:   consumer redress, ADR, ODR, CADR, civil justice, mediation, ombudsman

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