Administrative Aspects of Alternative Consumer Dispute Resolution in the European Union (EU), Slovenia and Croatia

Abstract

Th e consumer fi eld is widespread and oft en encompasses diff erent legal fi elds on a single market, especially when it comes to the fi eld of consumer protection. In fact, the consumer mostly remains a weaker party in resolving consumer disputes, especially in administrative proceedings. Traditional court proceedings do not always off er the most cost-appropriate way of resolving consumer disputes, because the damage with legal costs is disproportionate, especially in Small Claims (20 EUR). In theory, Alternative Dispute Resolution (hereinaft er: ADR) is considered more fl exible, faster and cheaper for disputes between consumers and businesses. Insofar, Consumer ADR (hereinaft er: CADR) is seen as a useful tool that helps consumers realize their right of access to justice. It is argued that CADR systems provide valuable information on the needs of disputants, while preserving confi dentiality, increasing consumer satisfaction, equality and grater trust. While CADR is praised in theory as an added value, in practice it still remains unrecognizable and therefore is seen as an ineff ective formalism in some EU countries. It seems that consumers and businesses lack awareness of the CADR schemes and their benefi ts, which have eff ects on the effi cient use of CADR in diff erent public and private institutions. Th e