Local view for "http://purl.org/linkedpolitics/eu/plenary/2011-10-24-Speech-1-216-000"
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"en.20111024.19.1-216-000"2
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"Madam President, the Commission welcomes the support on alternative dispute resolution (ADR) for consumers and businesses and we also welcome your suggestions concerning the Commission’s legislative proposal on ADR for consumer disputes. The Kraków Declaration, which the Single Market Forum adopted earlier this month, repeated this call.
ADR is also one of the 12 proposals in the Single Market Act. My colleague, Commissioner Dalli, will be putting forward two legislative proposals which are scheduled for adoption by the Commission on 23 November: one for a framework directive on ADR for business-to-consumer (B2C) disputes; and one for a regulation on online dispute resolution. The directive will ensure that consumers and traders can access ADR schemes for any dispute between them, and the regulation will establish an EU platform for disputes related to cross-border online transactions between consumers and traders.
These proposals will be the first bricks for the construction of an effective out-of-court redress system. The Commission is also aware, as your report states, that we have to deal with business-to-business (B2B) dispute resolution, particularly for SMEs.
During the Commission consultation on B2C disputes, stakeholders were very clear: they expressed a preference for a different type of instrument to apply to B2B disputes, catering for them more specifically. Therefore, the Commission is, at present, examining different types of ADR, including arbitration work, in particular, in the cross-border context of B2B disputes. We are at a very early stage of information gathering and we will examine all possible problems which could hinder businesses, in particular, SMEs. However, we would welcome all proposals on this while we are working on it. If the outcome of the work is positive, as I believe it will be, I will ultimately come forward with a proposal.
Concerning the Mediation Directive, it is a viable option of ‘first resort’, particularly – as has been mentioned – in family law cases where the parties cannot settle their conflict themselves and going to court may unnecessarily escalate their dispute. Mediation may lead to fast and cheap results.
The Mediation Directive has applied everywhere, except in Denmark, since 21 May 2011. This directive can be applied to civil and commercial matters, including family matters and disputes between businesses and consumers. The only exclusion is where parties are not free to decide on their rights and obligations under the applicable law.
The Commission welcomes Parliament’s support for the key provisions in the Mediation Directive, which should also apply to other ADR schemes. Independence, impartiality, confidentiality, the effects on prescription and the enforceability of agreements are to be regarded as common standards for all kinds of ADR.
Specifically concerning the Mediation Directive, following the opening of pre-infringement proceedings in July 2011 against nine Member States which were late in transposing the directive, today, 20 Member States have notified the Commission of national measures for implementing it. I am continuing to follow carefully the situation in the other Member States."@en1
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