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Resolving consumer disputes: Due process protocol protects consumer rights
In recent years, mediation and binding arbitration have received encouragement from legislatures, courts, and other public and private bodies. The Consumer Due Process Protocol is the first attempt to establish an authoritative standard for the broad realm of ADM agreements in consumer contracts. Th...
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Published in: | Dispute resolution journal 1998-08, Vol.53 (3), p.8 |
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Main Author: | |
Format: | Magazinearticle |
Language: | English |
Subjects: | |
Online Access: | Get full text |
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Summary: | In recent years, mediation and binding arbitration have received encouragement from legislatures, courts, and other public and private bodies. The Consumer Due Process Protocol is the first attempt to establish an authoritative standard for the broad realm of ADM agreements in consumer contracts. The protocol consists of 15 principles devoted to various aspects of consumer ADR. The first principle of the protocol embodies the overriding fundamental reasonable expectation of a first process as detailed in the protocol, and the next 8 principles delineate expectations that extend to all forms of consumer ADR including competent, qualified neutrals and reasonable costs. In May, the AAA adopted the Consumer Due Process Protocol as the essential guidepost for the Association's participation in consumer ADR programs. The Consumer Due Process Protocol is by no means the endpoint in the evolution of such processes. A number of issues, including the core question of the enforceability of arbitration agreements in standardized contracts, are likely to command increasing attention in the ADR marketplace, courts, and legislatures. |
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ISSN: | 1074-8105 2573-606X |