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I have worked for Consumers, Businesses and ADR providers in the same area (at different times). You cannot avoid court action through regulation. All it will do is drive up costs and drive good businesses, and consumers away.
The finance industry has had arbitration from a consumer focused and well publicised ombudsman for over a decade and we still have cases brought before the court.
I am not surprised that where ADR decides in the favour of the consumer 83% thought it was fair, whereas when they lost only 17% through it was fair.
No matter what you do people will not agree. all you can do is provide legislation that both sides see as 'fair' and simple processes that will promote compromise and/or filter cases that cannot be settled.
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