Mass dispute resolution in Europe: a study on private enforcement, public enforcement and A(O)DR

Mass harms are characterized by the existence of many individuals who are the victim of the same or similar harmful behavior and who are confronted with the same or similar factual and/or legal issues. They occur in various sectors, such as consumer law, tort law, environment, discrimination and product liability. The basic question is how societies should deal with such mass harms. How can collective redress be efficiently obtained? Partially shaped by European legislation, there are different mechanisms to deal with mass harms: going to court (i.e., private enforcement), relying on national regulators and enforcers (i.e., public enforcement) or trying to resolve the case out-of-court (i.e., ADR (alternative dispute resolution) and ODR (online dispute resolution)). The proposed research will (empirically) analyze these mechanisms by looking at how they function in specific jurisdictions. Building on this investigation, their applicability, effectiveness and efficiency will be assessed.

Keywords:A(O)DR, public enforcement, private enforcement, Europe, Mass dispute

Disciplines:Law