Private law enforcement through ADR: Wonder drug or snake oil?

Abstract

If law is to make a difference in the real world, enforcement is crucial. Consequently, enforcement issues have always loomed large in European law. In light of this tradition, the approach of Directive 2013/11/EU on Alternative Dispute Resolution for Consumer Disputes is not without problems. After all, ADR was thought to be an "alternative" to dispute resolution in court, precisely because it did not aim for strict application of the law. The present article analyses the framework set up by the Directive and puts it to the test in the light of law enforcement: will ADR help to improve the enforcement of consumer law in Europe or will it rather dilute the incentives generated by the substantive law? This paper concludes that ADR is an inadequate means of law enforcement.