What We Talk About when We Talk About Consumer ODR. The EU ODR Regulation – and Its Preliminary Lessons

After providing a short theoretical framework about the definition and the boundaries of the notion of “Online Dispute Resolution” (ODR), this article carries out a preliminary analysis of the impact of EU Regulation No 524/2013 on online dispute resolution for consumer disputes. This critical assessment is also used as a basis for a broader reflection on the still-unexpressed potential of ODR. From this perspective, the article offers some suggestions on how to effectively implement successful ODR legislation based on the successes and pitfalls of several EU countries’ experiences. In particular, the article argues that a tool primarily conceived for solving cross-border consumer disputes may indeed also be used for domestic disputes, as well as for B2B differences.