LEGAL UPDATE: Consumer ADR Regulations
The new Consumer ADR Regulations are a powerful new tool for customers who buy products or services online.
Under the new Regulations:
- traders must provide customers with information about organisations who can help mediate disputes. This information has to be posted on the trader's website, and included in its general terms and conditions; and
- if a customer's complaint is not resolved by the trader, the trader must give the customer written details about mediation organisations, and confirm whether it is prepared to go to mediation.
Online traders therefore need to be aware that whilst they are obliged to provide information about mediation to consumers, they are not then obliged to take part in mediation. However, they could be heavily penalised in costs if a dispute goes to Court, which could have been resolved through mediation.
From 9 January 2016, a specialist online dispute resolution platform, established by the European Commission, will go live.
We will always consider with you whether your case is suitable for a conditional (no win no fee) arrangement, or some other sort of flexible funding arrangement, to ensure that our fees are manageable for you.
Contact us today to discuss how we can help.