A dispute system design perspective on the future of European consumer dispute resolution

Williams, J. and Gill, C. (2016) A dispute system design perspective on the future of European consumer dispute resolution. In: Cortés, P. (ed.) The New Regulatory Framework for Consumer Dispute Resolution. Oxford University Press: Oxford, pp. 371-391. ISBN 9780198766353 (doi:10.1093/acprof:oso/9780198766353.001.0001)

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Abstract

This chapter explores the concept of dispute system design in the context of consumer dispute resolution (CDR). While there is a growing literature on dispute system design (DSD) in North America, practitioners and scholars in the UK and Europe have failed to give significant attention to DSD as a discrete activity. As the role of CDR within civil justice systems across Europe continues to grow, the activity of ‘designing justice’ in this area should increasingly be seen as a matter of constitutional as well as practical significance. A failure to address this issue risks undermining the continued legitimacy of state-sanctioned dispute resolution for consumer-to-business disputes. In this chapter, we present a new dispute design model for CDR mechanisms and, drawing on several case studies, demonstrate how it may be applied in practice.

Item Type:Book Sections
Status:Published
Glasgow Author(s) Enlighten ID:Gill, Dr Chris
Authors: Williams, J., and Gill, C.
College/School:College of Social Sciences > School of Law
Publisher:Oxford University Press
ISBN:9780198766353

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