ABSTRACT

This chapter discusses the European Union legal framework but focuses on the Portuguese experience more particularly because Portugal was one of the precursors of the use of alternative dispute resolution (ADR) in the resolution of consumer disputes. The core of consumer law is composed of a set of substantive rules whose main function is to correct the asymmetries between the consumer and the trader. The mediator of consumer disputes considers carefully the facts presented by the consumer to assess them legally. The Regulation on Consumer online dispute resolution (ODR) obliges the trader to supply certain information including an easily accessible electronic link to the ODR Platform. The quality of ADR entities is a key element of consumer protection. Consumer disputes call for the adoption of different solutions, namely guaranteeing access to justice for the weaker party in the relationship.