After 2 long years of pandemic, practitioners and academic experts resume gatherings to find solutions to issues of solving mass disputes fairly and effectively that have the potential to impact European justice. On this occasion, Alternative Dispute Resolution (ADR) took the spotlight.
In November 2022, Dr. Herbert Woopen, Director of Legal Policy of EJF, together with Dr. Lorenz Ködderitzsch, the former long-term Chair of EJF, contributed to the Panel “Feedback and Affecting Behaviour” in the context of ADR and provided views on how to develop the ideal holistic domestic infrastructure for dispute resolution. Whether a consumer is attempting to solve a dispute in court, out of court or with the intervention of a regulator as public authority, the structure of the task to be accomplished is always the same: (i) capture disputes and details as well as potential beneficiaries; (ii) define comparable cases in view of a solution; (iii) clarify applicable rules and legal norms; and (iv) negotiate or impose a solution.
To streamline this process, appropriate IT infrastructure should be set up. Such support for resolution tools could be essentially the same for all three pathways, as a high quantity of cases require digitization. It is against this background that Dr Woopen proposes a functional IT architecture: a single central electronic register that would be fed by consumers themselves, by consumer associations, by European Consumer Centres, by the public entities created by the Consumer Protection Cooperation Regulation for cross-border cases or by sectorial, other and residual ADR entities as sources.
For a deep dive into the present topic, see the full presentation here .