what is ecodir? e lectronic co nsumer di spute r esolution b2c research project
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Online Dispute Resolution and the Future of ADR: Lessons Learned from ECODIR The Electronic Consumer Dispute Resolution Project Brian Hutchinson Vice Dean, School of Law University College Dublin Ireland Project Supervisor, ECODIR. What is ECODIR? E lectronic Co nsumer Di spute R esolution - PowerPoint PPT PresentationTRANSCRIPT
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Online Dispute Resolution and the Future of ADR: Lessons Learned from ECODIRThe Electronic Consumer Dispute Resolution Project
Brian Hutchinson Vice Dean, School of LawUniversity College DublinIreland
Project Supervisor, ECODIR
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
What is ECODIR? Electronic Consumer Dispute Resolution B2C Research Project Supported by EU & Irish Government www.ecodir.org
Why? Consumer Confidence in e-commerce Access to justice for consumers
Could it work?
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
EU Commission
DG SANCO
Department of Enterprise, Trade and Employment
Arbitration of International Disputes Ltd
Centre de Recherches Informatique et Droit, Namur, Belgium
Centre dEtudes sur la Cooperation Juridique Internationale, CNRS, Paris, France
Centre De Recherche en Droit Publique, University of Montreal, Canada
CITA, Univ. Notre Dame de la Paix, Belgium
Institut fur Informations-Telekommunikations-und Medienrecht, Meunster, Germany
Centre d’Estudis de Dret i Informatica, de Balears, Spain
GlobalSign, Belgium
CMAP – Centre de Mediation et d’Arbitrage de Paris, France
OnlineResolution, USA
National Arbitration Forum, USA
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Methodology
SOCIO-ECONOMIC STUDY
LEGAL STUDY
TECHNICAL STUDY
PILOT STUDY
Survey of Offline ADR Survey of Offline ADR and Consumers Groupsand Consumers Groups
Confidence and Confidence and ConfidentialityConfidentialityEfficiencyEfficiencyCostCostEffectivenessEffectivenessLanguageLanguageFairness and TransparencyFairness and Transparency
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Methodology
SOCIO-ECONOMIC STUDY
LEGAL STUDY
TECHNICAL STUDY
PILOT STUDY
EC Recommendations EC Recommendations 98/257/EC and 98/257/EC and 2001/310/EC.2001/310/EC.
Contractual Nature of ADRContractual Nature of ADR–ConsensusConsensus–Mandatory NormsMandatory Norms
Rights-based v.s Interest-Rights-based v.s Interest-based solutionsbased solutions
Enforceability of solutionsEnforceability of solutions
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Methodology
SOCIO-ECONOMIC STUDY
LEGAL STUDY
TECHNICAL STUDY
PILOT STUDY
The ECODIR ProcessThe ECODIR Process
Achieved through Rules and Achieved through Rules and TechnologyTechnology
Adversarial / Legalistic Adversarial / Legalistic Solutions AvoidedSolutions Avoided
Structured NegotiationStructured Negotiation
MediationMediation
RecommendationRecommendation
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Methodology
SOCIO-ECONOMIC STUDY
LEGAL STUDY
TECHNICAL STUDY
PILOT STUDY
Pilot Study – Proof of Concept Pilot Study – Proof of Concept
Oct 2001 – May 2002Oct 2001 – May 2002
Feb 2003 – June 2003 Feb 2003 – June 2003
www.ecodir.orgwww.ecodir.org
Dissemination & Follow -upDissemination & Follow -up
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www.ecodir.org
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
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ADR in Spain and the European Union Madrid, 11 – 12 December, 2006
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Indications Levels of Activity
Case Numbers Low to begin with Analysis of 51 Cases Filed to 28 June, 2003 Some test cases 23 appear not test From within this 23 were 2 settlements
Level not surprising, Not unlike levels for offline consumer adr; But does indicate that there is little automatic/unsolicited
demand. More surprising that settlements were reached by parties having no
special or prior knowledge of ECODIR
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Locations of the parties:
11%
16%
4%
13%
7%2%2%9%
13%
4%
2%
2%15%
Belgium
Germany
Peru
US
UK
Netherlands
Luxembourg
Italy
Ireland
France
Spain
Hong Kong
Unknown
50% +/- involving 50% +/- involving cross border cross border disputesdisputes
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13%
27%
13%4%4%
18%
17%4%
None
Products andServices
Financial
CommercialPractice
Privacy
Products andServices +CommercialPractice
Products andServices + Financial
Products andServices +CommercialPractice + Financial
Nature of the Dispute
A high proportion concerned A high proportion concerned non-deliverynon-delivery of goods or of goods or services services
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Reactions Consumer Reps Consulted
Eg: Director of Consumer Affairs; European Consumer Centre Dublin; Consumer Associations of Ireland and abroad
Benefits perceived by Consumers: Transparency and control of process Ease of access and use
Business Associations Consulted Eg: Internet Retailers Association; Small and Medium Sized Enterprises;
Direct Marketing Federation: Benefits perceived by Businesses
Potential for Increased efficiency in customer relations management Potential for Added value for customers Potential “Savings and increased business”
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Impediments and Challenges
Lack of cooperation by the second party… Little
Awareness Trust Of Ecodir, of ODR, of ADR!
ODR as a tool for advancing ADR? Pan European Solutions? Cross Sectoral
Solutions?
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ADR in Spain and the European Union Madrid, 11 – 12 December, 2006
Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Issues and Perspectives
How to get businesses “to play”?How to get businesses “to play”?Prove Added Value!Prove Added Value!
Present ODR as an element of complaints handling and Present ODR as an element of complaints handling and customer relations managementcustomer relations management
Present consumer demand for ODRPresent consumer demand for ODR
Present regulatory need for ODRPresent regulatory need for ODR
Prove efficiency and savings to business processesProve efficiency and savings to business processes
Prove increased customer loyalty / activityProve increased customer loyalty / activity
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Improving Efficiency
Prepopulated References Unique Identifiers Timeline Monitoring Data analysis – more complete data
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Issues and Perspectives
How to sustain ODR services?How to sustain ODR services? Case generated revenue unlikely to sustain in short term. Licence right to display “brand” (trustmark) and use process to businesses.
Necessitates a trust mark business modelProliferation of trustmarks
Co-funding between State, Business and Consumer bodies? Specialised focus particular markets / customers
Narrows accessCombination of the above
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Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Possibilities for Government / Official Involvement
Promoting awareness of ADR and ODR – including using ADR & ODR Cybercourts using online processes? Cyber Appeals from ODR? Accreditation of ODR providers? Establishing clearing houses networks? Funding and Co-Funding? Requiring mandatory use of ODR in some licensing processes? “Kehl Initiatives”
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ADR in Spain and the European Union Madrid, 11 – 12 December, 2006
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Future Steps for Ecodir
End-user pilot project involving consumer centre and business associations.
EEJ-NET
Co-operation in E-Government initiatives in Ireland and Europe
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Thank You!
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ADR in Spain and the European Union Madrid, 11 – 12 December, 2006
Copyright © G Brian Hutchinson, School of Law UCD. All Rights Reserved.
Brian HutchinsonBrian Hutchinson, ,
Tel: +353 1 716 8756 / 8754Tel: +353 1 716 8756 / 8754 Fax:+353 1 269 2655 Fax:+353 1 269 2655
E-mail: E-mail: [email protected] / / [email protected]
School of Law, University College Dublin, Belfield, Dublin 4, IrelandSchool of Law, University College Dublin, Belfield, Dublin 4, Ireland
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