LAW 525 Lecture Notes - Lecture 11: Complaint System, Uniform Domain-Name Dispute-Resolution Policy, Better Business Bureau

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28 Jun 2018
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LAW 525 – Chapter 11 – Non-Court Business-Consumer Redress
Tort is common law, courts step in and made new areas of law
In this chapter, these redresses come from different industries
Industries also see the courts as a last resort
Forms of mediation / arbitration
Businesses don't have the ability to prevent consumers going to court
Alternative Dispute System (ADR)
Why ADR system?
- Good customer relations
- Reduce uncertainty with redress
- Reduce costs
- Control process
How does it help consumers
- Quicker
- Less costly
- Less intimidating
Canadian Motor Vehicle Arbitration Plan (CAMVAP)
- Lassiez faire government regulation
- Free for consumers – auto manufactures who participate in the program pay for the
program
- Once consumers go ahead with CAMVAP, consumer gives up right to use court and
follow arbitrators decision
- Arbitrator is usually a lawyer, also experts in the industry (must have knowledge and
expertise in the industry)
- Even if consumer lose the dispute – they get an answer to their question
- Biggest advantage – takes 70 days
- No longer confidential results
Always option for consumer to appeal arbitration decision – if appealed, process goes to court
Better Business Bureau (BBB)
- Incentive – deters consumers from bad publicity
- Not as relevant today as in the past
- Overshadowed by google – the biggest de facto in consumer decision
- First step conciliation (informal)
- Second - mediation
- Third - arbitration
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Document Summary

Law 525 chapter 11 non-court business-consumer redress. Tort is common law, courts step in and made new areas of law. In this chapter, these redresses come from different industries. Industries also see the courts as a last resort. Businesses don"t have the ability to prevent consumers going to court. Free for consumers auto manufactures who participate in the program pay for the program. Once consumers go ahead with camvap, consumer gives up right to use court and follow arbitrators decision. Arbitrator is usually a lawyer, also experts in the industry (must have knowledge and expertise in the industry) Even if consumer lose the dispute they get an answer to their question. Always option for consumer to appeal arbitration decision if appealed, process goes to court. Not as relevant today as in the past. Overshadowed by google the biggest de facto in consumer decision. Cant claim freedom of expression because they follow code of ethics.

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