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 for the essential attributes that must be present in any consumer online dispute resolution platform. Finally, the paper concludes by demonstrating how technology can ensure those protections are embodied within the platform.