In the field of electronic commerce ADRs have received particular attention, in particular in the e-Europe Action Plan.1 This concerns the traditional alternative channels and Online Dispute Resolution, which can also be used to resolve disputes that are not related to e- commerce. An online ADR initiative that is supported by the Commission is ECODIR (Electronic Consumer Dispute Resolution Platform). The whole procedure consists of three phases: 1) the negotiation phase, 2) the mediation phase and 3) the recommendation phase.
In the negotiation phase the First Party logs in and creates a new user account after having checked that the dispute comes within ECODIR dispute resolution rules. The First Party then fills out the online invitation to negotiate. Having filed the electronic invitation to negotiate form, the First Party receives a confirmation message from the Secretariat via email within the next 24 hours. The Second Party will receive the invitation to negotiate from the Secretariat and will be given seven days to respond. In the absence of a response, the Second Party is deemed to have refused to participate. If the Second Party responds, both Parties negotiate in an attempt to find a mutually acceptable solution to the dispute. Subsequently, in the absence of agreement, either party may request the assistance of a neutral third party, the Mediator (mediation phase). The Secretariat may appoint a Mediator selected from ECODIR’s lists or appoint the mediator chosen by the Parties. The Mediator then reviews the file and makes an attempt to bring the Parties to a settlement. The Mediator is proactive and can make settlement proposals. In the absence of agreement after 15 days from the beginning of the mediation phase, the Mediator makes a recommendation. Except where otherwise agreed, the Parties are not bound by this recommendation.
3.5.4. European Networks: the EEJ-net and the FIN-NET
In the field of consumer protection, the Commission has established two European networks of national bodies both aimed at facilitating access for consumers to out-of-court procedures for the resolution of cross-border disputes. The European Extra-Judicial Network (EEJ-net)194 is a consumer support and information structure, which consists of national contact points. Each of the contact points relays information to the 400 bodies that the MS considered to have fulfilled the requirements of the two Commission recommendations. The FIN-NET (Financial Services Complaint Network) is a network of the competent national ADR bodies, which meet the requirements of the first Commission recommendation. This network provides consumers who have problems related to financial services (bans, insurance companies etc.) with direct access to an ADR facility.
