Ombudsmen and ADR A Comparative Study of Informal Justice in Europe
How do ordinary people experience and make sense of the informal justice system? Drawing on original data with British and German users of Ombudsmen— an important institution of informal justice, Naomi Creutzfeldt offers a nuanced comparative answer
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Naomi Creutzfeldt PALGRAVE SOCIO-LEGAL STUDIES
Palgrave Socio-Legal Studies
Series Editor Dave Cowan University of Bristol Law School Bristol, UK “Naomi Creutzfeldt breathes new life into ADR scholarship, and in particular into our understanding of the limits, and potential, of the ombud institution. Combining ground-breaking empirical research in the UK and Germany with startling theoretical insight, she cogently demonstrates how our perceptions of what counts as fairness in an ADR context is decisively shaped by national legal culture. Local legal consciousness and socialization are thereby exposed as the determinants of trust, and national conceptions of legality as the conditions of informal justice. This formidable study stands, therefore, as an exemplar of the interdisciplinary approaches and methodological pluralism the author herself advocates if we are to identify new forms of legal consciousness, more trustworthy forms of ADR, and, despite national differences, a genuinely transnational ADR space. Law’s conceptual empire, though still bedecked in much of its formal majesty, will rest less securely as a result of this searching interrogation of the informal ways and means of eluding its grasp.” —Dr. Nick O’Brien, Hon. Research Fellow, School of Law and Social Justice, University of Liverpool, UK “Dr. Creutzfeldt is the undisputed expert on ombuds practice in Europe. Her pioneering research combines qualitative and quantitative analysis to provide tremendous insight into the ways in which individuals experience the ombuds system, as well as the broader implications of their experiences. This book is a must-read for anyone interested in the present and the future of ADR systems.” —Professor Rebecca Hollander-Blumoff, Washington University, St. Louis, USA “The ADR Directive created a legal guarantee for consumers to access an ‘informal justice system’. The aim is to increase consumer confidence in the market and to contribute to the standardization of the European internal market. This book addresses a shortcoming in the legislative process: it provides empirical data on consumers’ knowledge of alternative dispute resolution and their assessment. The country comparison also shows how social, cultural and legal peculiarities affect the willingness to use ADR. The author’s carefully designed fieldwork, as well as the lessons learned and conclusions, make a substantial contribution to understanding the importance and necessary development of alternative legal protection— issues that are also relevant in the context of Brexit.” —Prof. Dr. Günter Hirsch, Insurance Ombudsman, former President of the Supreme Court of Germany and former Judge of the European Court of Justice
The Palgrave Socio-Legal Studies series is a developing series of monographs and textbooks featuring cutting edge work which, in the best tradition of socio-legal studies, reach out to a wide international audience. More information about this series at http://www.palgrave.com/gp/series/14679 “Consumer ADR remains under-researched and especi
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