The online dispute resolution, access to justice and protection of consumer rights in electronic commerce: the Chilean case

Abstract

This study aims to make a comparison between the self-composition (normative self-regulation) of online dispute resolution (ODR) and state regulatory intervention (hard law) concerning the treatment of consumer rights in B2C relationships. The article proposes that regulatory intervention may not be enough since, as demonstrated by the very recent regulation on Alternative Dispute Resolution Methods, ADR, for consumers in Chile, the lack of knowledge of the regulatory body about the effects of emerging technologies on mediation issues could make ODRs a mechanism destined to fail. To identify the main implications of the Regulation of ODR platforms, this study is based on a conceptual analysis of mediation based on Professor Scott J. Shapiro’s “obvious truths” method. The study identifies the main implications of ODR platforms as a method to guarantee access to justice for consumers to apply the current regulation and the one that should be considered for future regulations. © 2023 Common Ground Research Networks. All rights reserved.