In his column ‘Versterking alternatieve geschilbeslechting in consumentenzaken door richtlijn ADR en verordening ODR’ Koos Nijgh, head of the legal department of the ‘Stichting Geschillencommissies voor Consumentenzaken (SGC)’ gives an overview of how the SGC should anticipate the recent European legislative developments regarding ADR. After a brief summary on how the SGC functions, he analyses the European legislative demands and the policy the SGC has adopted. The author concludes that the impact of the new legislation is overseeable and that the SGC will do even better in the future.

Recent experiences with collaborative divorce of the Dutch Association for Collaborative Divorce (VCDH, connected with IACP, the International Academy of Collaborative Professionals), confirm the importance of broadening the practice collaborative law to affairs in business, governmental and political affairs in the Netherlands, especially in more complex questions. The importance for both ADR and professionals in law, finance, accountancy, notariate, tax affairs, psychology or organisational-, HRM- and governmental consultancy.

This contribution discusses the EU Commission proposals for a directive on Consumer ADR and a Regulation on consumer ODR. The directive compels member state to cater for complete coverage of all contractual consumer disputes (whether domestic or cross-border) by ADR entities that meet certain quality requirements and to actively make these facilities known. The proposed regulation introduces an EU-wide single ODR platform that will transfer consumer complaints to the appropriate national entity. European comparative research suggests the business community’s initial reluctance to (co-)finance such external extra-judicial dispute reolution schemes (deploying quasi-arbitration or mediation) may be overcome in either of two ways: through the prospect of introducing EU collective consumer redress before the courts instead, or by convincing business of ADR’s use as an additional marketing feedback tool. Some open questions that remain are highlighted.

If we want Mediation to be a success, we need to diversify our techniques by mixing different styles and forms.Mediators, should always try to find solutions for the problems of their clients and not only bring the prophecy to the world of the ideal ‘conflict resolution’. It is important to be flexible and not stick to one style of mediation but to try out new recipes in mixing them together. Have the guts to experiment with coaching, advising ,negotiating, collecting information etc.. Mediators also need to take the ‘marketing rules more serious. Every client is looking for HELP. So please do so and train yourself in finding out their real needs.And finally mediation is a perfect technique to save costs in a company..unsolved conflicts and tensions cost fortunes.Let us ‘market’ our business in an new and creative way.