Online dispute resolution platforms between Internet fragmentation and access to justice

Abstract

The present work is a reflection on the evolution of online dispute resolution (ODR) tools with regards to the emerging worries related to the so-called Internet fragmentation. It is a phenomenon, denounced by supporters of net neutrality, which is occurring online at various levels: both for infrastructure and for content, and it is believed to put in serious danger the actual possibility of universal and indiscriminate access to online services. Considering that the constellation of ODR tools and platforms belongs to the private world, there is a strong risk that conditions could be imposed, even in surreptitious ways, with respect to the promotion of the use and ultimately the effectiveness of the intent to obtain a deflation in access to public justice, especially to the detriment of the weakest subjects.