Access to Commercial Justice: A Roadmap for Online Dispute Resolution (ODR) Design for Small and Medium-Sized Businesses (SMEs) Disputes

Abstract

Access to justice through technology is a growing topic of interest worldwide. Based on a user-centric approach, this paper explores the needs and challenges for micro, small and medium-sized businesses (SMEs) to deal efficiently and fairly with disputes. We put forth a framework to design an optimal online dispute resolution (ODR) platform to maximize SMEs’ interests and build their capacity in the prevention and resolution of disputes (INCADI model). Based on empirical studies’ findings and promising available technological options in the field of ODR, we issue recommendations to implement this framework with efficiency and relationship-driven procedures to improve SMEs’ knowledge and predictability capacities, with the objective to provide them access to justice from a commercial perspective.

Keywords: Access to Commercial Justice, Online Dispute Resolution, ODR, Access to Justice, Alternative Dispute Resolution, ADR, Small and Medium-Sized Businesses (SMEs)