[ODR Pickup] 20141210 It is a time for cooperation btw Trustmark and ODR
The Situation for preparation with ODR in each region
It is expected to increase cross border trade when eCommerce would be popular in each region. To encourage consumer in cross border trade with safety and confidence, cross border dispute resolution would be a significant role.
Supposedly, as figure1, there are four level such as,
1) direct negotiation
2) Supporting by consumer center
3) ODR
4) Court case, which is not used so often because of cost and effect since eCommerce disputes are rather low-value and high volume in nature.
Although there is no firm international ODR structure yet, but ADR directive and ODR regulation in EU will be effective soon and it will promote to establish ODR entity in each country in EU. UNCITRAL WG 3 is continuously discussing about standard procedure which boost up to develop new ODR Platform, tools and services (Youstice@EU, Pactanda@South America, Modria@US andUK etc.).
As for 2), supporting by consumer center, cooperation among each center suggest a certain structure and solution for consumer, such as ECC-NET in EU, eInstitute in South America, CCJ in Japan on ODR cooperation, such as Cooperation’s cooperation(CCJ-eInstitute), Cooperation between Trustmark and ODR(eConfienza-eInstitute).
Yes. BBBOnline in US, is a trustmark provider, as well as complaint handling entity and they give rating on member entities. They are one of good practice for TM and ODR with soft-enforcement, economically and its effectiveness.
Possibility of good practice
As for a trustmark provider, in its Guideline for Trustmark Operator (GTO) of ATA (WTA) , World Trustmark Alliance (http://www.wtaportal.org/index.html), ruled each member should provide Dispute Resolution function for local dispute, but not mentioned for cross border disputes. WTA would consider how they implement such cross border function for the future.
WTA Members should find followings:
- On a current mechanism to handle complaint, a situation when consumer encountered cross border trouble;
- Needs or expectation of businesses to sell product cross-border via Internet; what, when, and to where
- Share information among country in WTA to find a potential; number of cross border complaints, Country, value, types, etc.
- If those situations show positive to proceed, possible options are…
- Implement cross border dispute handling into GTO of WTA, then each member should provide cross border, or each member arranges a cooperation with others depends on its needs
- Cooperate, as WTA, with ODR entities or association or groups, so that WTA member could hand cross border dispute to the ODR thru WTA, also each member will accept complaints from other countries thru WTA and ODR
eConfianza and eInstitute joined on Video
