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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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Regulating ADR

Regulating ADR

Lessons from the UK

(p.297) 14 Regulating ADR
The New Regulatory Framework for Consumer Dispute Resolution

Richard Kirkham

Oxford University Press

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, consumer redress

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