‘Are Online Dispute Resolution Systems the Answer?’

Amy J Schmitz, Remedy Realities in Business-to-Consumer Contracting, 58 Arizona Law Review 213 (2016), available at SSRN. How should the law respond to the plight of consumers who have little viable recourse when a business breaches their contract? For an overview of this problem and a review of the potential strengths and weakness of online dispute resolution (ODR), there is no better article to read than Remedy Realities in Business-to-Consumer Contracting, Professor Amy Schmitz’s contribution to a symposium in honor of the late Professor Jean Braucher, herself a leading writer about and advocate of consumer protection in business to consumer contracts. Professor Schmitz’s article first reviews the reasons consumers find themselves with limited recourse when disappointed with their business’s performance, including take-it-or-leave-it form contracts … (more)

[Robert Hillman, JOTWELL, 26 October]

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