16 U.C. Davis Bus. L.J. 189 (2015-2016)
A Meeting of the Minds: Online Dispute Resolution Regulations Should Be Opportunity Focused

handle is hein.journals/ucdbulj16 and id is 199 raw text is: 






A MEETING OF THE MINDS: ONLINE DISPUTE RESOLUTION
      REGULATIONS SHOULD BE OPPORTUNITY FOCUSED

                         ANJANETrE H. RAYMOND*

                                 ABSTRACT

       Online Dispute Resolution holds true promise as a tool to resolve dispute
in the online world. Unfortunately in even the simplest of cross border disputes;
however, ODR remains outside the realm of possibility, mainly because of
historical legal doctrines based in the physical world. In response to this ongoing
impasse I offer this humble solution, we must engage in a true cross discipline
discussion concerning the ways that technology could assist in reducing or
eliminating the impact of certain behaviors that lead to the creation of some very
historic protectionist legal doctrines. It is time for a meeting of the minds or a
great divide will emerge between consumers and online commerce.
       This paper will briefly explore the main philosophical and legislative
divisions that exist in the world of consumer protection. It then suggests that a
new design paradigm be created to regulate the online cross border world of
consumer protections. The paper suggests a specific set of guidelines fut the
essential attributes that must be plesent in any consumer online dispute resolution
platform. Finally, the paper concludes by demonstrating how technology can
ensure those protections are embodied within the platform.

                            TABLE OF CONTENTS

1,    INTRODIICTION .................................................... 190
11    CONSIIMFRS IN A CROSS BORDFR FNVIRONMENT         ......................191
      A. The Philosophical Divergence in Consumer Protections .................. 192
      B. Consumers Do Not Need Protecting from Alternative Justice
          O pportunities .....................................................................................  196
      C. Concerns About the Lack of Compliance with Outcomes ................ 200
          1. Incentives to Comply Early in the Process .................................. 200
          2. Enforcem ent of A w ards ............................................................... 203
111.  THE CREATION  OF A DESIGN PARADIGM  ................................................... 204

* Assistant Professor, Department of Business Law and Ethics, Kelley School of Business, Indiana
University; Visiting Fellow in International Commercial Law, Centre for Commercial Law
Studies, Queen Mary, University of London. The author would like to thank Vildd Rogers and the
Institute for International Commercial Law at Pace University for continued support and Andrea
Testin for editorial and research assistance.

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