Access to Justice, Alternative Dispute Resolution (ADR), and consumer vulnerability in the European energy sector

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Is Alternative Dispute Resolution (ADR) resulting in more accessible justice? This project will address this question. Specifically, it examines whether ADR provides access to justice for vulnerable consumers in the European energy market. This location is ideal for the research. Consumer disputes are frequently subject to ADR: in 2008, 530,000 cases were referred to ADR in Europe. And yet, only 43% of consumers report that ADR is easy to use. In this context, some have questioned whether ADR is meeting consumer needs. At the same time, debate about access to justice has shifted from a focus on demographic groups (e.g. the poor) to a broader focus on vulnerability. This more challenging concept is the focus of this research.There are compelling reasons for focusing on the energy sector. First, it is a sector where the European Union has mandated ADR as a means of promoting access to justice. Second, energy consumers are particularly prone to detriment, with 8.9 million problems experienced in the UK in 2015. Third, the consequences of detriment are severe, with 10.8% of the EU's population living in fuel poverty. Fourth, energy consumers are particularly at risk of vulnerability. Fifth, ADR is an explicit means through which policymakers are seeking to tackle vulnerability. This sector is, therefore, an important site at which access to justice, ADR, and vulnerability intersect. The research builds on existing scholarship. Its major contribution will be to literature on the role of ADR in access to justice. ADR proponents say it is cheaper, quicker, more accessible. Critics question how accessible it is, and whether it provides access to settlement, not justice. The research will also contribute to literature on dispute system design (DSD) and consumer vulnerability, by exploring how ADR design affects access to justice for the vulnerable. In addition, the research will build directly on the applicants' recent work on ADR: Creutzfeldt's ESRC Fellowship and Creutzfeldt and Gill's ESRC Impact Acceleration Award.The research will use mixed methods and investigate six European countries with significant national variations in policy and practice. This design has been developed in partnership with the National Energy Ombudsman Network, which has guaranteed access for research. The applicants have recently conducted commissioned research for energy ADR schemes: strong relationships of trust and cooperation will ensure impact is achieved. If successful, the ultimate outcome of the research will be an enhancement in access to justice for vulnerable consumers in the energy market and beyond.