ABSTRACT

The term ‘Online Dispute Resolution’ (ODR) ‘is used loosely to include the use of the Internet and other web and computer based technologies for facilitating alternative dispute resolution.’1 The growth of the electronic marketplace leads to a prevalence of disputes in B2C commercial relationships relating to the issue of quality or delivery disputes, excessive delivery costs, absence of information on possible associated costs, breach of privacy policy, breach of security of confidential information, non reimbursement of goods returned,2 disputes arising from online banking transactions etc. These disputes are usually characterised as time consuming and by a difference between the low economic value of the electronic transaction and the costs of a judicial settlement. Confronted with these drawbacks, consumers would probably like to resolve their disputes by opting for ODR and without turning to the courts. However, a quick perusal of commercial practices demonstrates ODR procedures and decisions in their current form may be particularly inaccessible (1), lack of effectiveness (2), lack of efficiency (3) and risks being unfair in protecting the consumer (4).