Alternative dispute resolution for consumer disputes

Key points:

The EESC:

• is pleased that the Commission has prepared a coherent legal instrument on ADR;
• recommends a creation of a "European compliance mark";
• takes note of the option allowing for ADR procedures to cover collective disputes, but at the same time restates its view that there is an urgent need for a harmonised judicial instrument for EU-level group action;
• is reluctant to agree that these mechanisms should also cover complaints from traders against consumers;
• recommends that this proposal contain a text on the clear prevalence of the right of access to justice, according to which ADR is not a replacement of the courts, but rather a complementary means of dispute settlement;
• recommends that the issue of funding be addressed explicitly and head-on;
• proposes a number of improvements to the text in order to make some requirements clearer and less ambiguous and their provisions more effective.

Previous EESC opinions:

• Opinions on Consumers theme
• Consumer rights, CESE 1190/2009 (INT/464)
• Alternative dispute resolution, CESE 1349/2002 (INT/148)

For more information please contact the INT Section Secretariat