1 The Impact of EU Law in the ADR Landscape in Italy, Spain and the UK: Time for Change or Missed Opportunity? Pablo Cortes ∗ Senior Lecturer, School of Law, University of Leicester pablo.cortes@le.ac.uk Abstract This paper examines the transformation of the consumer redress landscape in the EU and the impact that the Alternative Dispute Resolution Directive 2013/11/EU will have on three radically different redress cultures: Italy, Spain and the UK. In particular, this paper critically analyses the current regulation of the main ADR schemes and proposes key changes to improve the provision of redress in these jurisdictions. The paper also examines how these schemes can ensure an adequate coverage in the provision of consumer redress by fleshing out the procedural grounds set in the Directive upon which ADR entities can rely when refusing to deal with a consumer complaint. It argues that while the Directive creates an opportunity to increase the availability and awareness of quality ADR entities, it also poses the risk of undermining consumer trust in the whole ADR system if greater competition between ADR entities leads to forum shopping, traders refuse to participate in ADR processes and if procedural restrictions are not adequately monitored. Keywords Alternative Dispute Resolution Directive Consumer Redress I. Introduction Consumer rights are only as effective as their enforcement, 1 which needs to be fast, user-friendly and economical. Although regulators, national enforcement bodies and consumer representative groups have a key role in ensuring compliance with consumer law, the two main avenues for consumers to enforce their rights individually are the courts and extra-judicial redress mechanisms. The low monetary value of the vast majority of consumer disputes makes courts often an unsuitable forum to obtain individual redress. 2 For this reason courts are seen as the last resort, and, when available, consumers increasingly opt for more informal alternative dispute resolution (ADR) methods, such as mediation and arbitration schemes. These ADR processes however are different from traditional ADR for civil and commercial ∗ Senior Lecturer, School of Law, University of Leicester. This research has been generously supported by the Nuffield Foundation. This paper was presented at the ERA conference ADR & ODR in the EU on 5 and 6 March 2015 in Trier. The usual disclaimers apply. 1 G. Howells and S. Weatherill [1], p. 660. 2 Research found that 48% of EU consumers will not go to court for loses under €200 while 8% of consumers will never go to court regardless the amount of their claim. See Eurobarometer No. 342.