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MEDIATION CLAUSE IN CONSUMER CONTRACTS

Marketa Etlikova, B. Vitova

First published: 2018https://doi.org/10.5593/sgemsocialF2018/1.6/S02.034View metrics

Abstract

Consumer protection legal regulation has been undergoing a long-term development in the Czech Republic and is largely influenced by European legislative standards, as well as by the national law. Consumer contracts are specific type of obligational relationship where one of the parties (the consumer) enjoys increased legal protection. Mediation has not been a part of the Czech legal system for a long time, yet its use in practice is expanding. Recently, the entrepreneurs begun to include the mediation clauses in the consumer contracts, which on the one hand “force” the parties to an out-of-court dispute resolution, on the other hand, the mediation clauses may cause similar problems in the consumer area as the arbitration clauses. The article discusses the nature of these mediation clauses and the consequences to which such a clause may lead. This research was financially supported by the Czech Science Foundation (GA?R), grant no. 17-03490S.

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Publication details

Title
MEDIATION CLAUSE IN CONSUMER CONTRACTS
Authors
Marketa Etlikova, B. Vitova
Proceedings
5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018
Publisher
STEF92 Technology
Year
2018
Pages
275-282
SWS Citekey
Etlikova20182275282
ISSN
2367-5659
ISBN
978-619-7408-67-6
Language
en
Publication type
Proceedings Paper
Keywords
mediation clauseADRconsumer disputes
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