LLM in Transnational and European Commercial Law, Banking Law, Arbitration/Mediation > Mediation and Ombudsman scheme in the Banking Sector

Mediation and Ombudsman scheme in the Banking Sector

Teaching hours and credit allocation: 15 hours, 3 credits
Course assessment: coursework + exam

Aims

This course draws together the knowledge and skills gained in “Mediation, ADR & ODR Law” and aims to provide students with an insight into Ombudsman schemes in the Banking Sector.  The aim of this module is to further explore ADR in the financial sector, by appraising and comparing international theories and schemes. The module will address various regulatory issues, practical problems and recent developments associated with mediation and ADR in the Banking Sector. Students will also examine if the Ombudsman Service is a viable alternative to courts, having taken into account relevant consumer protection issues.

On completing the course, students are expected to be able to:

  • understand the possibility of solving a banking law dispute outside a court system
  • demonstrate a knowledge and understanding of the dynamics of mediation & ADR in the banking sector
  • understand the different types of provisions that may have to be taken into account in an Ombudsman scheme procedure
  • understand the reasons for which Ombudsman schemes in the Banking Sector are introduced
  • focus on possible implications of the ADR Directive in resolving  disputes of the Banking  Sector
  • be able to implement the acquired knowledge into their everyday practice as legal experts
  • be able to follow future legal developments in the respective scientific field
  • be aware of the risks, the structuring of procedure and the regulation of mediation & Ombudsman schemes in the Banking Sector

Content

  • Options for the settlement of banking disputes
  • Key aspects of Mediation in the Banking Sector
  • Other relevant ADR mechanisms
  • How have Ombudsman schemes developed in the Banking Sector
  • Type of complaints resolved; Dispute settlement
  • Ombudsman’s Powers and Jurisdiction
  • Procedural principles: Filing a complaint; Investigating a complaint
  • Fairness, Independence and Impartiality
  • Code of ethics