The perspective of online dispute resolution: A tool for amicable composition in Colombian consumer law

Abstract

This study investigates the effectiveness of Online Dispute Resolution (ODR) and Alternative Dispute Resolution (ADR) mechanisms in enhancing the resolution of consumer disputes in Colombia, identifying the inadequacy of traditional judicial processes to promptly and effectively address consumer rights violations as the primary research problem. It explores the integration of ODR into Colombia’s dispute resolution framework, emphasizing the roles of the Superintendence of Industry and Commerce and the amicable composer in streamlining the resolution process. The study uses a qualitative approach, incorporating a review of existing legislation and practices related to ADR mechanisms and consumer rights. The analysis indicates that ODR, when supplemented by mediation and amicable composition, can effectively address consumer disputes. It is identified that the application of ADR through new ODR technologies should uphold principles of expediency, efficiency, and immediacy, as well as principles specific to the chosen ADR mechanism. This study is a novel exploration of the potential benefits and challenges of integrating ODR mechanisms in Colombia’s consumer dispute resolution processes. It adds value by illuminating the roles of the Superintendence of Industry and Commerce and the amicable composer in this context. The study concludes that with appropriate regulatory frameworks and public policy, ODR can enhance access to justice and alleviate the strain on the state’s judicial apparatus. It underscores the need for the State to define a policy that guarantees resources, structure, and defined rules to implement ADR mechanisms effectively.