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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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Access to Court? ‘Encouraging’ Consumers to use Court-Connected Mediation in Small Claims and Other Cases

Access to Court? ‘Encouraging’ Consumers to use Court-Connected Mediation in Small Claims and Other Cases

Chapter:
(p.79) 4 Access to Court? ‘Encouraging’ Consumers to use Court-Connected Mediation in Small Claims and Other Cases
Source:
The New Regulatory Framework for Consumer Dispute Resolution
Author(s):

Sue Prince

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766353.003.0005

This chapter examines the policy to encourage take up of mediation schemes which has been fuelled in recent years by various European and national initiatives. The Mediation Directive 2008/52/EC, which allows the use of mediation as a pre-condition to court litigation has been used to support the use of court encouraged mediation. This chapter examines how these rules have enabled a variety of different processes to encourage the use of mediation, namely, court-connected mediations in Italy, and in the UK, the use of mediation information and assessment meetings in family courts (MIAMs); the use of automatic mediation in low value small claims cases; as well as the imposition of cost penalties for unreasonably refusing to participate in mediation in civil cases more generally. It concludes that the greater and more forceful use of mediation in the future is inevitable in consumer disputes in advance of litigation reaching a hearing.

Keywords:   mediation, ADR, ODR, civil procedure, costs, conciliation

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