Alternative Dispute Resolution For Consumer Disputes In The European Union: Current Issues And Future Opportunities

2012 ◽  
Vol 4 (2012) ◽  
pp. 25-34 ◽  
Author(s):  
Andrius Juškys ◽  
Neringa Ulbaitė
Keyword(s):  
European Union ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
The European Union

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.

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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