Study on the use of Alternative Dispute Resolution for Business to Business disputes in the European Union

STUDY ON THE USE OF ALTERNATIVE DISPUTE RESOLUTION FOR BUSINESS TO BUSINESS DISPUTES IN THE EUROPEAN UNION


LOCATION:
 European Union Member States

SERVICE TYPE:
 Assessment & Analysis

 PROJECT TIMELINE:
 March-July 2012


In the EU there was an absence of uniformity in legislation across the Member States, particularly when it came to mediation. The different individual frameworks failed to fully address the increasing levels of cross-border Business to Business (B2B) disputes.

At the request of the European Commission Directorate General for Justice, a study was  carried out by  ADR Center jointly with Ecorys , as part of the preparation of possible new initiatives dealing with ADR in B2B disputes, complementing the instrument on ADR for B2C disputes, and complementing the Mediation Directive and the Brussels I Regulation. The general policy objective of this study was to provide the European Commission with an accurate and comprehensive view of European businesses’ use of Alternative Dispute Resolution (ADR). To achieve this, the study had the following specific objectives:

  • An overview of the B2B ADR legal frameworks in the EU;
  • An overview of existing ADR schemes and their main characteristics;
  • An analysis of the problems encountered by businesses which face a B2B dispute;
  • An estimate of the use of B2B ADR schemes;
  • A review of costs and savings of ADR schemes;
    • demand (businesses and particularly SMEs);
    • supply (State and private providers)

 


 
 SELECT RESULTS

The report analyzed data collected by the study team from national experts, case studies, and questionnaires resulting in a comprehensive overview of legal frameworks across the EU Member States and broad analysis of the problems of B2B disputes and possible solutions.

 


CLIENT

European Commission Directorate General for Justice

 

 

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