Current discussions on consumer redress: collective redress and ADR
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- Hodges, C. ERA Forum (2012) 13: 11. doi:10.1007/s12027-011-0245-5
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The two topics of collective redress and ADR might, at first sight, appear to have little in common. One is usually thought to relate to a court, judicial procedure and the other to a non-judicial procedure. The first essentially involves coercion and the second its opposite, voluntary agreement. But in fact these two subjects have become closely related, both in practice and politically. This paper will start by summarising the historical development of each procedure, and the debate that surrounds each, showing how the two streams have become merged.