A Debate on Regulatory Framework for Online Dispute Resolution

ODR 관련 규정체제에 관한 논의

This paper presents the ODR phenomenon with a specific focus on regulatory problems. It argues that the current regulatory framework for online dispute resolution is, to a large extent, defective. Existing deficiencies result not only from a lack of comprehensive ODR law, but also from the weakness of the other modalities of regulation : norms and market. The current today's approach to regulating ODR has been unsuccessful, and it is time to re-examine that position. I would like to say that suggesting details of the optimal ODR regulatory framework is beyond the scope of this paper. From a broader perspective, the field of ODR seems to be not sufficiently regulated. Neither by law, nor by the restrains set by other norms or market. Given the current weakness of the modalities of regulation, online dispute resolution requires greater institutional and international support. It appears that adoption of internationally harmonized ODR law would not hamper the development of norms and market, but rather support their proper growth. As a result, the co-regulation approach recommended in this paper is different from both traditional state-oriented models of regulation and self-regulatory systems. Arguably, this co-regulation approach is the optimal model for regulation of online dispute resolution under current circumstances.