Alternative dispute resolution

Author:Mihaela Irina Ionescu
Position:Lecturer, PhD, 'Nicolae Titulescu' University of Bucharest (e-mail: mihaelairinaionescu@anpc.ro).
Pages:89-92
SUMMARY

Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that act as a means for disagreeing parties to come to an agreement short of litigation. It is a collective term for the ways that parties can settle disputes, with (or without) the help of a third party.Despite historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread ... (see full summary)

 
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LESIJ NO. XXII, VOL. 2/2015
ALTERNATIVE DISPUTE RESOLUTION
Mihaela Irina IONESCU
Abstract
Alternative dispute resolution (ADR) includes dispute resolution processes and techniques that
act as a means for disagreeing parties to come to an agreement sho rt of litigation. It is a collective
term for th e ways that parties can settle disputes, with (or without) the help of a third party.Despite
historic resistance to ADR by many popular parties and their advocates, ADR has gained widespread
acceptance among both the general public and the legal profession in recent years. In fact, some courts
now require some parties to resort to ADR of some type, before permitting the parties' cases to be tried.
The rising popularity of ADR can be explained b y the increasing caseload of traditional courts, the
perception that ADR imposes fewer costs than litigation, a preference for confidentiality, and the desire
of some parties to have greater con trol over the selection of the individual or individuals who will
decide their dispute.Directive 2013/11/EU of the European Parliament and of the Council on
alternative dispute resolution for consumer disputes and amending Regulation (EC) No 2006/2004 and
Directive 2009/22/EC (hereinafter „Directive 2013/11/EU”) aims to ensure a high level of consumer
protection and the proper functioning of the internal market by ensuring that complaints against traders
can be submitted by consumers on a voluntary basis, to entities of alternative disputes which are
independent, impartial, transparent, effective, simple,quick and fair.Directive 2013/11/EU establishes
harmonized quality requirements for entiti es applying alternative dispute resolution procedure
(hereinafter "ADR entity") to provide the same protection and the same rights of consumers in all
Member States.Besides this, the present study is trying to present broadly how are all this trasposed in
the romanian legislation.
Keywords: alternative dispu te resolution, complaints, consumers, EU regulation, national
legislation.
Introduction
At present, at European Union level,
differences between Member States
regarding complaints systems both in terms
of sectors covered by t hese and quality
procedures are noticed. T hese differences
represent a barrier to the internal market and
is one of t he reasons why many consumers
do not p urchase goods and services from
another Member State and do not have
confidence that potential d isputes with
traders could be solved in an easy, quick and
inexpensive manner. Given these issues, it
Lecturer, PhD, “Nicolae Titulescu” University of Bucharest (e-mail: mihaelairinaionescu@anpc.ro).
was considered important to implement
common principles in all Member States for
solving consumer complaints.
In this regard, in May 2013, Directive
2013/11/EU of the European Parliament
and of the Council on alternative dispute
resolution for consumer disputes a nd
amending Regulation (EC) No 2006/2004
and Directive 2009/22/EC (Directive on
consumer ADR) and Regulation (EU) no
524/2013 of the European Parliament and
of the Council of 21 May 2013 on online
dispute resolution for consumer disputes
and amending Regulation (EC) No

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