Reflections on the Concrete Application of Principles of Internet Governance and the Networked Information Society in the European Union Institutionalization Process of Alternative Dispute Resolution Methods

2014 ◽  
pp. 251-283 ◽  
Author(s):  
Maria Claudia Solarte-Vasquez
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Information Society ◽  
Alternative Dispute Resolution ◽  
Internet Governance ◽  
The European Union ◽  
Concrete Application

scholarly journals Possibilities of workplace mediation in the European Union

2020 ◽  
Vol 17 (3-4) ◽  
Author(s):  
Aron Balogh
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Industrial Relations ◽  
The United States ◽  
Grey Zone ◽  
The European Union ◽  
Eu Member States ◽  
Online Dispute Resolution ◽  
The Eu

The world of labor market and industrial relations is a field where conflicts and disputes are inevitable characteristics of the operation, regardless of the form of employment. Also, labor disputes appear both from an individual aspect, where the disputants are the employer and the employee, and in a collective respect, where the disputes take place between the employer(s) and the collective of the workers, typically represented by an employee organization (union) or a works council.  When a conflict or a dispute cannot be resolved through negotiation, the law offers dispute resolution mechanisms for the participants. Therefore, several legal mechanisms have been evolved in order to resolve disputes, starting from the classical form of litigation, where a court determines the end of the dispute by its judgement, and other alternative forms of dispute resolution, such as arbitration, mediation and conciliation, where the parties can reach a decision or a settlement outside of the judicial system of the state. EU Member States have introduced various legislative rules for labor dispute resolution covering all manner of individual and collective disputes. ADR schemes are also supported by the ILO, as the ILO Recommendation No. 92 (1951) suggests that voluntary conciliation should be made available to assist in the prevention and settlement of industrial disputes between employers and workers. Within the aegis of the European Union, several instruments have emerged with the attempt to elaborate the basic principles for the operation of ADR schemes in the context of cases between businesses and consumers. The Directive 2013/11/EU on alternative dispute resolution for consumer disputes (the “ADR Directive”) and Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (the “ODR Regulation”) ensured that consumers could turn to quality alternative dispute resolution entities for all kinds of contractual disputes with traders, and established an EU-wide online platform for consumer disputes that arise from online transactions with traders. Workplace mediation is widely and successfully utilized in the USA for solely employment purposes both in the private and the public sector. Also, in the United States is a “employment at will” doctrine prevails, that basically means – unless stipulated to the contrary by the parties – the employment relationship can be terminated with immediate effect without any justification (just cause), thus workers do not have access to legal remedies as in the EU where the statutory laws provide a broad protection against arbitrary or unjust termination. Mediation, however, provide an effective solution for employees and workers, even if situated outside the protective scope of labor law. While the role of customer/consumer ADR and mediation is increasing throughout the whole European Union, workplace and employment mediation still constitutes a “grey zone”.  In many of the legal instruments of the EU and also in several products of the national legislations, consumers and workers are treated with the same legal awareness, thus protective laws compensate their weaker position in their legal relationships, but as far as the utilization and access of dispute resolution schemes are concerned, a significant but not always reasonable differentiation can be detected. Also, while mediation is an available tool for individual employment matters, still has not been utilized considerably, and remained an instrument only to resolve mostly collective conflicts. Therefore, the aim of this paper to present various styles of mediations from a comparative perspective, to express their biggest advantages and to highlight the areas where mediation could be more suitable to use in the context of the individual disputes of the workplace.

scholarly journals Gazdasági- és egyéb szervezetek konfliktusainak és rendezési lehetőségeinek összevetése

2021 ◽  
Vol 33 (1) ◽  
pp. 89-118
Author(s):  
Zsuzsanna Rákóczy
Keyword(s):  
European Union ◽  
Conflict Resolution ◽  
Conflict Management ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Pilot Project ◽  
English Studies ◽  
Comparison Study ◽  
The European Union ◽  
Economic Organizations

This present study draws findings on possible ways of alternative dispute resolution (ADR) in economic and other “non-economic” organizations. The research analyzed (1) conflicts in organizations, (2) methods of conflict resolution, (3) actors who support the management of conflict management, (4) trust between parties, (5) knowledge of ADR, and (6) additional possible – Hungarian sector-specific – circumstances. There is no such comparison study of economic and ’non-economic’ organizations in Hungary, as well as there is also absence of English studies about the neighbor post-socialist countries of the European Union. The last one was carried out 10 years ago as a pilot project to introduce ADR in Hungary, so with this research, some relevant ideas were carried out that can contribute to the more efficient implementation of domestic efforts.

Online Dispute Resolution for Consumers in Portugal and in the European Union

2016 ◽  
pp. 128-146
Author(s):  
Fernando Viana ◽  
Francisco Pacheco Andrade
Keyword(s):  
European Union ◽  
Conflict Resolution ◽  
Dispute Resolution ◽  
Information Society ◽  
State Courts ◽  
Access To Justice ◽  
The European Union ◽  
European Level ◽  
Online Dispute Resolution ◽  
Administration Of Justice

Administration of Justice became complex in Consumers and Information Society. It is necessary to look for new solutions for the increasing situations of consumer's litigation. Traditional State Courts are not a solution due to their slow, heavy and costly ways of functioning. The way is clearly open for Arbitration Centers based in friendly mechanisms such as mediation, concilitation and arbitration. Regulation EU nr. 524/2013 of European Parliament and Council of the 21st of May on online consumer's conflict resolution has as aim the creation of a conflict resolution platform at european level. We propose to analyze the Regulation and its implications and to show the functioning of the platform that is being developped and that should be available for both for consumers and corporations from 9th January 2016 on. It will be analyzed the new requirements of access to Justice in the field of Consumer's conflicts, the new ADR Directive and the regulation on ODR in order to meet the challenges brought along by the introduction of the new platform for conflict resolution.

scholarly journals Acceso de los Consumidores a la Justicia en la Unión Europea y Mercado Globalizado / Access to justice within European Union and Globalized Market

2019 ◽  
Vol 47 (1) ◽  
pp. 61-91
Author(s):  
Guillermo Palao Moreno
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Information Society ◽  
Alternative Dispute Resolution ◽  
Global Market ◽  
Internal Market ◽  
Access To Justice ◽  
International Jurisdiction ◽  
International Dispute

Resumen: El consumidor europeo cuenta con una desigual atención, por parte del legislador de la Unión Europea, a la hora de tutelar su acceso a la justicia en relación a las controversias transfronterizas en las que pudiera verse involucrado. Una protección que, aunque atendida de cara a su acceso a la justicia al respecto de las situaciones conectadas con el mercado interior UE, no es tan evidente en relación con los casos extra-europeos, que además se han visto multiplicados tras la irrupción de la Sociedad de la Información. En este sentido, el presente artículo tiene por finalidad, en primer lugar, poner de manifiesto esta situación de desigual tutela, tanto con respecto al recurso a los tribunales ordinarios (competencia judicial internacional), como al respecto de los mecanismos alternativos de resolución de controversias, en esta materia (i.e. mediación y arbitraje). Junto a ello, este artículo igualmente realiza propuestas concretas que, al margen de destacar la importancia que tiene en este ámbito la acción de la codificación internacional, señala las opciones con las que cuenta el legislador europeo y que permitirían facilitar el acceso a la justicia de los consumidores cuando actúan en un mercado globalizado. Abstract: European consumers attract different attention, from the perspective of the European legislator, when their right to access to justice is at stake, in relation to the international dispute which may affect them. A protection which, clearly granted when the situation is connected to the European internal market, generates doubts in relation to situations which are external to the UE, which have multiplied after the irruption of the Information Society. In this respect, this article aims at, firstly, underline this situation of an unbalanced protection in this field, in relation to both access to national justice (international jurisdiction rules) and Alternative Dispute Resolution mechanisms (i.e. mediation and arbitration). Moreover, this article also offers specific proposals which, apart from highlighting the importance of international codification in relation to this topic, mentions the different options available to the European legislator which could favor the access to justice to consumers when they participate in the global market.

scholarly journals MEDIATION - ALTERNATIVE DISPUTE RESOLUTION

2019 ◽  
Vol 9 (1) ◽  
Author(s):  
CVETAN KOVAČ ◽  
IVANA KRIŠTO
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Legal Rights ◽  
The European Union ◽  
Eu Countries

The European Union actively promotes methods of alternative dispute resolution (“ADR”), such as mediation. The Mediation Directive is applied in all EU countries and it refers to mediation in civil and commercial matters. Encouraging the use of mediation facilitates the resolution of disputes, and it helps to avoid the worry, time and cost associated with court-based litigation. This way, it enables citizens to secure their legal rights in an efficient way. Keywords: alternative dispute resolution, the Mediation Directive, judicial and extra-judicial mediation

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