General Description:
Explores the need for expanded and equalized access to remedies in consumer cases, and how the internet opens doors to online dispute resolution (?ODR?) systems that utilize cost-effective negotiation, mediation, and arbitration processes for resolving complaints. ODR has its drawbacks, but it can be especially effective and satisfying for low dollar claims such as those in most consumer contexts because of its efficiencies. ODR also has potential to ease power imbalances that have hindered market regulation. Accordingly, this course will look at the various systems currently used by major companies such as eBay, as well as the rules and treaty developments in global markets. We also will do ODR simulation exercises, led by Colin Rule, who has been a leader in creating ODR systems. The class also will include deep consideration of both the potential and drawbacks of ODR systems. All ODR processes are not beneficial, and thus we will also discuss development of best practices and question policy directions.
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