Online and automated dispute resolution in New Zealand: A law reform and regulation perspective

Abstract

This paper investigates the issue of online and automated dispute resolution from a law reform and regulatory perspective. It argues the growing prevalence and capabilities of online dispute resolution has created both opportunities and risks for consumers and for dispute resolution policy in New Zealand. In particular, the significant risk of harm occurring if the technology is permitted to develop without any regulation or governance now warrants proactive governmental intervention to provide a protective legal framework. A proposed regulatory model is put forward, which encompasses both direct legal and indirect methods of regulation.