Istanbul 24 2-17

Online Dispute
Resolution
in Europe
Graham Ross
g.ross@TheMediationRoom.com
Istanbul – 24th February 2017

FUTURE DENIAL
“It seems certain that there is practically no chance of it becoming a commercial
means of transport,” - The Engineer Magazine
“This has too many shortcomings to be seriously considered as a means of
communication. The device is inherently of no value to us” - Western Union
memo 1878
“When the Paris Exhibition [of 1878] closes, no more will be heard of it”-Oxford
Professor Erasmus Wilson
“The horse is here to stay but this is only a novelty – a fad” -President of
Michigan Savings Bank advising Henry Ford’s lawyer
“It won’t be able to hold on to any market it captures after the first six months.
People will soon get tired of staring at it” -Darryl Zanuck
“There is no reason anyone would want one in their home.” -Ken Oslon,
Founder/President of Digital Equipment
“The Internet is no place to conduct litigation, mediation or arbitration”
Graham Ross - ODR Blog at www.TheMediationRoom.com - @mediationroom

Is that you?
Graham Ross - g.ross@TheMediationRoom.com - @mediationroom

Are We Here Yet? If not – ODR Can Help
court

Take Aways
 Mediation is a far superior form of ADR
 Technology (ODR) helps to make mediation more
accessible and more effective
 Mediation based ODR delivers economic benefits to business
 Technology (ODR) enables mediation to cost less whilst
maintaining mediators’ day rates
 New EU consumer redress law REQUIRES traders to promote ODR on
their websites and in their complaint handling

The Civil Justice Council’s ODR Advisory Group Report
Council of Europe Resolution 2081 of 2015
 Lord Justice Briggs Report on changes to the structure of the courts
United Nations Commission on International Trade Law’s ‘Technical Notes’ on
ODR
EU Directive on Alternative Dispute Resolution For Consumer Disputes
2013/11/EU and Regulation on ODR For Consumer Disputes
2015 -2016 Moving To ODR

What Is ODR?
.
More Than Skype

 Council of Europe Resolution 2081 of 2015
 United Nations Commission on International Trade Law’s ‘Technical Notes’ on
ODR

Is the Court a
building?
…..or a service?

DISPUTE AVOIDANCE
ADR/ODR
E-Court
Court
Widening The Court Estate
ADR no more the ‘Alternative’

Council of Europe Resolution 2081 of 2015
 United Nations Commission on International Trade Law’s ‘Technical Notes’ on
ODR

* that the 47 member States be encouraged to promote awareness of ,and
further develop, mechanisms for ODR;
* that parties engaging in ODR procedures should, afterwards, retain the
right to access a judicial appeals procedure satisfying the requirements of a
fair trial pursuant to Article 6 of the Convention;
* that standards be developed for ODR , including ensuring that the process
does not unfairly favour repeat players over one-time users
* that technological developments be monitored in order to promote the use
of ICT within courts.
Council of Europe Resolution 2081 of 2015

“THE ONLINE SOLUTIONS COURT”
o Specified money claims up to £25,000
o Unspecified damages claims
o but excluding:-
o Possession of homes
o PI and Clin Neg (but possible optional inclusion of PI
claims within the Small Claims Track)
o Professional (non clinical) negligence (but possibly
include in future)
o IPR
o Some Landlord and Tenant

Principles of :-
*transparency,
* independence,
* expertise and
* consent

Not on site yet (but draft on my training course

Democracia Digital e Governo Eletrônico 10 (2014) 206-221
LIN
K

Requirements that a competent authority must be satisfied that
the body meets
2. The body—
(a) maintains an up-to-date website which provides the parties to
a domestic dispute or cross-border dispute with information
regarding the alternative dispute resolution procedure operated
by the body;
….......
(c) ensures that its website enables a consumer to file an initial
complaint submission and any necessary supporting documents
online;
…........
(e) enables the exchange of information between the parties via
electronic means or, if a party wishes, by post;
The Alternative Dispute Resolution for Consumer
Disputes (Competent Authorities and
Information) Regulations 2015
Graham Ross - g.ross@TheMediationRoom.com -
@mediationroom
SCHEDULE 3
The UK
Implementation
‘body’ means
ADR service
seeking approval

Article 14
1. Traders established within the Union engaging in online sales
or service contracts, and online marketplaces established within
the Union, shall provide on their websites an electronic link to
the ODR platform. That link shall be easily accessible for
consumers.
Regulation of the European Parliament and of
the
Council on Online Dispute Resolution for
Consumer Disputes
542/2013

But the EU only half-baked the cake

1. By not distinguishing/encouraging mediation over
ombudsmen driven adjudication
2. By making participation in ADR non –binding on traders
3.By creating a ‘race to the bottom‘ on fees
And regulators by not informing or enforcing

From my informal survey in June 2016:-
Only 5/35 major e-commerce websites including run by 10
major High St names had the link
But all of these 5 were not ‘easily accessible’
Buried deep in terms and conditions

Burying the link
so not ‘easily accessible’

“But you can’t read emotion online”
Technology denying mediators will say :-

Use this 20% discount code against the
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Online Dispute
V
Resolution
Graham Ross
g.ross@TheMediationRoom.com
Istanbul – 24th February 2017

Istanbul 24 2-17

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Istanbul 24 2-17