Download This PaperRegulating ADR: Lessons from the UK
Pablo Cortes (ed.) The New Regulatory Framework for Consumer Alternative Dispute Resolution (OUP, 2016) Forthcoming
University of Leicester School of Law Research Paper No. 16/26
34 Pages Posted: 11 Jun 2016 Last revised: 12 Oct 2022
Date Written: June 9, 2016
Abstract
This chapter analyses the manner in which the ADR Directive and ODR Regulation have been implemented in the UK, with a particular focus on the ombudsman sector. The chapter argues that in the UK implementation has been minimalist and that this represents a missed opportunity. The Directive is capable of laying the foundations for robust ADR, but the regulation of the sector looks deficient. As a result, there is a heightened risk that sub-optimal standards in the sector will go undetected which may in turn undermine user confidence. More work needs to be done to make the regulatory set-up a standard-bearer for the sector rather than a passive observer.
Keywords: Ombudsman, Regulation, Standards, ADR Directive
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