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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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The Implementation of the Consumer ADR Directive in Germany

The Implementation of the Consumer ADR Directive in Germany

Chapter:
(p.169) 8 The Implementation of the Consumer ADR Directive in Germany
Source:
The New Regulatory Framework for Consumer Dispute Resolution
Author(s):

Rosa Miquel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780198766353.003.0009

The landscape of CADR in Germany consists of numerous public and private sectorial and regional entities. Given that in this particular context, civil justice is working quite well and taking into consideration that in Germany ADR has a relatively small tradition in comparison with other European countries, it is not surprising that some concerns about possible counter productive effects of the generalization of CADR for the enforcement of consumer protection have become apparent prior to the enactment of the CADR Act 2016. As a reaction, some questions such as the validity of conciliation and mediation clauses or the training of the natural persons carrying out ADR have been regulated quite strictly. The statutory development of the new bill will be decisive to guarantee the quality of the CADR entities, the effectiveness of the information duties, and the success of the residual entities despite the unfitting regulation of the fee system.

Keywords:   VSBG, CADR entity, legal expenses insurance, consumer arbitration, mandatory provisions, residual entities, Online-Schlichter, conciliation clauses, mediation clauses, statute of limitations

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