Developing an Online Dispute Resolution scheme for New Zealand consumers who shop online-are automated negotiation tools the key to improving access to justice?

摘要

Consumers who shop online need access to justice which is cost effective and efficient. This article promotes the development of an Online Dispute Resolution (ODR) scheme for online shoppers in New Zealand which makes use of automated negotiation tools to encourage early settlement. Use of these negotiation tools is promoted as the key to a dispute resolution system that will really work for consumers who buy goods online. The existing methods for resolving consumer disputes in New Zealand are outlined and the effectiveness of these methods for online shoppers is assessed. The development of ODR schemes internationally, including the European Union ODR platform and the United Nations Commission on International Trade Law proposals, is reviewed and compared. It is suggested that New Zealand should model an ODR scheme on these international proposals but must include access to automated negotiation tools in the ODR process and should make participation in the ODR scheme by online traders mandatory.