2.5. The duration of court/ADR procedures
3.1.3. An ADR scheme that aims for an amicable agreement (e.g
mediation)
ADR schemes that a i m for an amicable agreement are the most likely to be considered, w i t h 6 3 % of companies in the EU saying they would do so for future disagreements w i t h other businesses.
Companies in Portugal ( 8 3 % ) and Finland ( 8 2 % ) are the most likely to say they would consider this kind of scheme in the f u t u r e . Companies in the Netherlands ( 4 3 % ) , Luxembourg ( 4 4 % ) , Estonia ( 4 6 % ) , Latvia ( 4 7 % ) and Lithuania ( 4 8 % ) are the least likely to say they would consider an ADR scheme aiming for an amicable agreement in f u t u r e . In fact, 5 2 % of companies in the Netherlands said they would not consider this kind of scheme for future disputes.
Base: All companies that have encountered at least one dispute/disagreement with another company ( N = 4 , 0 6 4 )
FLASH EUROBAROMETER 3 4 7 “ A l t e r n a t i v e Dispute Resolution”
An analysis of company characteristics shows no significant difference between SMEs and large enterprises in the willingness to use a mediation style ADR in the f u t u r e . Within SMEs, however, m e d i u m sized enterprises ( 7 3 % ) are more likely to be willing to use this kind of scheme in future compared t o small ( 6 3 % ) and micro ( 6 2 % ) enterprises.
Q11.3 To resolve future disputes with other businesses, would you consider using...?
An ADR scheme that aims for an amicable agreement (e.g. mediation)
|EU27
Total 'Yes' 63%
Total 'No' 30%
DK/NA
7%
Enterprise categories
SMEs
Large enterprises
63%
66%
30%
3 1 %
7%
3%
SMEs
Micro Small Medium
62%
63%
73%
30%
32%
25%
8%
5%
2%
Sectors grouped (NACE) Manufacturing (only B2B) Retail (only B2B) Services (only B2B) Industry (only B2B)
62%
6 1 % 65%
6 1 %
30%
33%
28%
32%
8%
6%
7%
7%
B a s e : All companies t h a t h a v e e n c o u n t e r e d a t least o n e d i s p u t e / d i s a g r e e m e n t w i t h a n o t h e r c o m p a n y ( N = 4 , 0 6 4 )
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3 . 2 . W i l l i n g n e s s t o p a y f o r A D R s e r v i c e s
Only 1 7 % of companies a r e n o t w i l l i n g to p a y for ADR services
-Companies that would consider using an ADR scheme were asked how they would be willing to pay for ADR services such as mediation and arbitration.
The most c o m m o n method mentioned was to pay via fees paid directly by t h e parties in the dispute ( 4 0 % ) . One in five companies ( 2 0 % ) indicated they would be willing to pay via trade organisations or chambers of commerce, while 8% indicated willingness to pay by another m e t h o d . Fewer t h a n one in five companies ( 1 7 % ) said they were not willing to pay for ADR services at a l l , 1 5 % of companies answered "don't k n o w " .
Base: Companies that would consider using an ADR in future ( N = 2 , 7 9 2 )
FLASH EUROBAROMETER 3 4 7 “ A l t e r n a t i v e Dispute Resolution”
Companies in Austria ( 8 5 % ) , the Netherlands ( 8 3 % ) and Luxembourg ( 8 3 % ) are the most likely to be willing to pay for ADR services. Companies in Estonia ( 2 9 % ) are the least willing to pay for ADR services, however there is also a high level of "don't know" answers in Estonia ( 4 6 % ) .
For all but t w o countries, fees paid directly by the parties in the dispute are t h e preferred way to pay for ADR services2 3. Only in Luxembourg ( 4 6 % ) and France ( 3 5 % ) were companies m o r e likely to be willing to pay through a trade organisation or chamber of commerce.
B a s e : Companies t h a t w o u l d consider using a n ADR i n f u t u r e ( N = 2 , 7 9 2 )
2 3 Even if they are presented in the chart, Malta and Cyprus were excluded f r o m the country level analysis due to low sample size.
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Analysis of company characteristics shows that large enterprises are m o r e willing t h a n SMEs to pay for ADR services ( 8 9 % v s . 6 7 % ) . One in five ( 1 8 % ) SMEs said they are not willing to pay for ADR services, compared t o 4 % o f large enterprises.
Within SMEs, micro enterprises are the least willing to pay for ADR services ( 6 4 % ) , particularly compared to small enterprises ( 7 5 % ) . Micro enterprises are also the most likely to be uncertain if they would pay for ADR services ( 1 7 % ) .
Q12 How would you be willing to pay for ADR services (e.g. mediation, arbitration)?
|EU27
Total 'Willing to pay'
68%
You are not willing to pay for ADR
services 17%
Don't know
15%
Enterprises categories SMEs
Large
67%
89%
18%
4%
15%
7%
SMEs Micro Small Medium
64%
75%
72%
19%
14%
18%
17%
11%
10%
Sectors grouped (NACE) Manufacturing (only B2B) Retail (only B2B)
Services (only B2B) Industry (only B2B)
64%
68%
66%
73%
2 1 % 19%
16%
16%
15%
13%
18%
11%
Base: Companies that would consider using an ADR in future ( N = 2 , 7 9 2 )
FLASH EUROBAROMETER 3 4 7 “ A l t e r n a t i v e Dispute Resolution”
3 . 3 . T h e i m p o r t a n t a s p e c t s w h e n c o n s i d e r i n g u s i n g A D R
T h e t i m e t a k e n to resolve a dispute is t h e m o s t i m p o r t a n t aspect of ADR
-Companies that had encountered a dispute or disagreement w i t h another business were asked to nominate the three most important aspects that they would consider or have considered when using an ADR scheme. "Quick to reach a solution" is the most often nominated factor, w i t h half of all companies mentioning this ( 5 0 % ) . Just over one t h i r d mentioned "conducted by an arbitrator or mediator who has knowledge and experience in the field of your dispute" ( 3 5 % ) and "cheap"
( 3 4 % ) as one of their three most important factors.
Three in t e n companies mentioned the fact that the scheme should be simple and easy to understand ( 3 0 % ) , while one quarter ( 2 5 % ) thought a binding decision was an important aspect. A scheme using an experienced mediator and arbitrator was considered important by 1 9 % , while 1 7 % said something in their local language was i m p o r t a n t . 6% of the companies said a scheme that was 1 0 0 % online was one of the three most important aspects to consider when using an ADR scheme.
Base: All companies that have encountered at least one dispute/disagreement with another company ( N = 4 , 0 6 4 )
For a clear majority of countries, an ADR scheme that is quick to reach a solution is the most mentioned factor. For companies in Malta ( 6 2 % ) , the UK ( 5 9 % ) and Luxembourg ( 5 2 % ) the most important factor is that the scheme is conducted by an arbitrator or mediator who has knowledge and experience in the specific field of their dispute. Companies in France, Slovenia, Ireland and Estonia are most likely to mention a scheme being simple and easy to understand (France 4 9 % -same as t i m e - , Slovenia 4 5 % , Estonia 4 0 % , and Ireland 3 5 % ) . Cost is the most mentioned factor by companies in Spain ( 4 8 % ) and Slovakia ( 4 3 % ) where a cheap procedure is considered as important as a quick procedure.
Across Europe, companies in Greece ( 7 1 % ) , Czech Republic ( 6 7 % ) and Belgium ( 6 2 % ) are the most likely to mention the fact that a scheme is quick to reach a solution. Conversely, 2 9 % of companies in Estonia and 3 1 % of companies in Ireland mentioned this factor as i m p o r t a n t .
6 1
Companies in Malta ( 6 2 % ) , the UK ( 5 9 % ) and Luxembourg ( 5 2 % ) are most likely in the EU to mention an arbitrator or mediator who has knowledge and experience in the field of their dispute.
At the other end of the scale, 1 0 % of Lithuanian and 1 2 % of Cypriot companies mention this as an important factor.
A scheme that is cheap is mentioned most often by companies in Spain ( 4 8 % ) and Slovakia ( 4 3 % ) , and least often by companies in Luxembourg ( 1 6 % ) . Companies in France ( 4 9 % ) and Slovenia ( 4 5 % ) are most likely to consider the fact that a scheme is simple and easy to understand as i m p o r t a n t . This factor is less important to companies in I t a l y ( 1 8 % ) . German ( 3 8 % ) and Finnish ( 3 7 % ) companies are the most likely to consider a binding decision as an important factor, compared to 3% of companies in France and 5% of those in Estonia.
Companies in Ireland ( 3 1 % ) are most likely to consider the experience of the mediator or arbitrator as an important factor, while companies in Belgium ( 3 4 % ) and Germany ( 3 2 % ) are most likely to consider that a scheme in their local language is i m p o r t a n t . One in five ( 1 9 % ) Slovakian companies consider it important that the scheme is 1 0 0 % online.
Q13 When using an Alternative Dispute Resolution (ADR) scheme, what would you or do you consider as the three most important aspects? This procedure should be… solution
Conducted by an arbitrator or mediator who has knowledge and experience in the field of your dispute
Cheap
Simple and easy to understand
Leading to a binding decision
for the parties
Conducted by an experienced arbitrator or
mediator
Working in (OUR LANGUAGE)
100%
Highest percentage per countr Lowest percentage per country Highest percentage per i t e m Lowest percentage per i t e m
FLASH EUROBAROMETER 3 4 7 “ A l t e r n a t i v e Dispute Resolution”
Analysis of company characteristics highlighted some interesting differences between SMEs and large companies. Large companies are m o r e likely than SMEs to say that ADRs should be quick to reach a solution ( 6 0 % v s . 5 0 % ) and that the mediator/arbitrator should have knowledge in the field o f the dispute ( 4 2 % v s . 3 4 % ) .
Companies in the services sector are m o r e likely t h a n those in industry to say that an ADR should be quick to reach a solution ( 5 3 % v s . 4 6 % ) . Having an arbitrator that is knowledgeable in the area of the dispute is most important to companies in the services ( 3 8 % ) and industry ( 3 5 % ) sectors.
Companies in the manufacturing sector are the most likely to say the ADR should be cheap ( 3 8 % ) , but are the least likely to say that an ADR should lead to a binding decision, or that the process should be conducted by an experienced mediator ( 1 5 % ) .
Q13 When using an Alternative Dispute Resolution (ADR) scheme, what would you or do you consider as the three most important aspects? This procedure should be… (THREE POSSIBLE ANSWERS)
JEU27
Quick to reach a solution
50%
Conducted by an arbitrator
or mediator who has knowledge
and experience in
the field of your dispute
35%
Cheap
34%
Simple and easy to understand
30%
Leading to a binding decision for
the parties
25%
Conducted by an experienced arbitrator or mediator
19%
Working in (OUR LANGUAGE)
17%
100% online
6%
Enterprise categories SMEs
Large enterprises
50%
60%
34%
42%
34%
38%
30%
27%
25%
23%
19%
18%
17%
17%
6%
3%
SMEs Micro Small Medium
50%
50%
49%
35%
33%
33%
33%
35%
34%
3 1 % 29%
29%
24%
28%
30%
19%
19%
20%
17%
18%
15%
6%
8%
7%
Sectors grouped (NACE) Manufacturing (only B2B) Retail (only B2B) Services (only B2B) Industry (only B2B)
49%
49%
53%
46%
28%
3 1 % 38%
35%
38%
33%
34%
32%
33%
3 1 % 30%
29%
20%
28%
24%
28%
15%
20%
18%
22%
18%
18%
17%
16%
7%
7%
6%
4%
Base: All companies that have encountered at least one dispute/disagreement with another company ( N = 4 , 0 6 4 )
63
3 . 4 . T h e p r e f e r r e d w a y s t o r e c e i v e i n f o r m a t i o n a b o u t A D R
Most companies w a n t to receive i n f o r m a t i o n a b o u t ADR online
-Companies were asked how they would like to receive information about alternative dispute resolution (ADR). Most ( 6 0 % ) said they would like to receive information on the internet. Four in ten ( 4 0 % ) companies said via a trade organisation (such as in a newsletter), while one quarter ( 2 4 % ) said via newspaper/magazine/internet articles. One in five ( 2 1 % ) of companies would like to get information about ADR via word of m o u t h f r o m other businesses, and 1 4 % said via newspaper, TV or radio advertisements.
Base: All companies that have encountered at least one dispute/disagreement with another company ( N = 4 , 0 6 4 )
FLASH EUROBAROMETER 3 4 7 “ A l t e r n a t i v e Dispute Resolution”
The internet was the most mentioned m e t h o d of receiving information about ADR for 26 out of 27 countries. Eight out of t e n ( 8 1 % ) Greek companies said they would like to receive information via the internet, as did 7 8 % of Latvian companies. France is the only country where fewer t h a n half of companies mentioned the internet ( 4 9 % ) .
French companies are much more likely than those in other countries to want to receive information on ADR through trade organisations. Seven out of t e n French companies ( 7 2 % ) mentioned this option - 66 percentage points higher than Slovenia ( 6 % ) .
The UK is the only country where at least half of all companies mentioned receiving information on ADR via newspaper/magazine/internet articles ( 5 3 % ) . I n contrast, only 1 1 % o f Italian companies also mentioned this o p t i o n .
Just over half of the companies in Slovakia ( 5 3 % ) and Portugal ( 5 1 % ) would like to hear about ADR f o r m other businesses. Only 1% of companies in Estonia and 4% of those in Malta said the same. Just over one t h i r d ( 3 6 % ) of companies in Portugal would like to hear about ADR via newspaper, TV or Radio advertisements - compared to 2% of companies in the Netherlands and 3% of those in Slovenia.
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Q14 What would be your preferred ways to receive information about ADR?
The Internet
Information through trade organizations (e.g.
newsletter)
Articles in newspapers/
magazines/
Internet sites
Other businesses
(word of mouth)
Advertisement in a newspaper, on television or on
the radio
FLASH EUROBAROMETER 3 4 7 “ A l t e r n a t i v e Dispute Resolution”
An analysis of company characteristics reveals that SMEs are m o r e interested t h a n large companies i n hearing about ADR via the internet ( 6 0 % v s . 4 5 % ) , b y word o f m o u t h ( 2 1 % v s . 1 3 % ) , or via advertising ( 1 5 % v s . 5 % ) . Large companies are m o r e likely than SMEs to want to hear about ADRs via articles in print or online ( 3 2 % v s . 2 3 % ) .
Medium sized enterprises are the most likely to want to receive information on ADRs via trade organisations, particularly compared t o micro enterprises ( 5 0 % v s . 3 8 % ) .
Companies in the manufacturing sector are the least likely to want to hear about ADRs via w o r d of m o u t h ( 1 7 % ) , particularly compared to companies in the industry sector ( 2 3 % ) . Companies in the manufacturing and industry sectors are less interested in getting information via trade organisations t h a n those in retail ( 3 7 % v s . 4 3 % ) . Companies in the services sector are m o r e interested in getting information via newspaper/magazine/internet articles ( 3 0 % ) t h a n companies i n manufacturing ( 2 0 % ) , retail o r industry ( b o t h 1 8 % ) .
Q14 What would be your preferred ways to receive information about ADR? (MULTIPLE ANSWERS POSSIBLE)
|EU27
The Internet
60%
Information through trade organizations (e.g. newsletter)
40%
Articles in newspapers/ma gazines/Internet
sites
24%
Other businesses (word of mouth)
2 1 %
Advertisement in a newspaper, on television or on
the radio
14%
Enterprise categories SMEs
Large enterprises
60%
45%
40%
4 1 %
23%
32%
2 1 % 13%
15%
5%
Enterprises categories Micro
Small Medium
60%
60%
62%
38%
4 1 % 50%
23%
2 1 % 35%
22%
19%
22%
15%
15%
10%
Sectors grouped (NACE) Manufacturing (only B2B) Retail (only B2B) Services (only B2B) Industry (only B2B)
6 1 % 60%
58%
63%
37%
43%
40%
37%
20%
18%
30%
18%
17%
22%
2 1 % 23%
14%
12%
16%
13%
Base: All companies that have encountered at least one dispute/disagreement with another company ( N = 4 , 0 6 4 )
67