Online Dispute Resolution in Latin America

This chapter is from “Online Dispute Resolution
Theory and Practice,” Mohamed Abdel Wahab, Ethan Katsh & Daniel Rainey ( Eds.), published, sold and distributed by Eleven International Publishing.
The Hague, Netherlands at: www.elevenpub.com.

How is the Latin American region dealing with disputes in the justice system? What are
the prospects for ICT and the development of Digital Economy in the Latin American
region? Is the region ready for ODR? What about its readiness for a Global ODR system
for cross border e-commerce?

This chapter poses some answers to these questions, suggests some other possibilities, and
poses several more questions for further discussion.

First, this chapter offers a brief overview regarding the justice systems in Latin America
and the need for reform. Transformation in the region begins with ICT reforms, which
aim to forge a more efficient and effective justice system. But this transformation comes
hand-in-glove with ADR reforms, which aim to diversify the way in which disputes are
addressed, from a competitive model into a cooperative and peaceful approach.

Second, this chapter offers a readiness-for-ODR analysis, in which the regional challenges,
opportunities and particularities are pointed out and briefly analyzed. The focus of attention
in this section will be ODR for the Digital Economy in Latin America.

While the first and second sections mentioned above provide the context in which ODR
is gradually finding its way to emerge, the third section analyzes ODR experiences and
regional programs in action, followed by final thoughts regarding a promising future for
ODR in Latin America.

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Gabriela Szlak

Gabriela Szlak is Director of the ODR Regional Program for the Digital Economy at the Latin American eCommerce Institute – ILCE, Consultant at eConfianza.org, a regional Trust Seal for eCommerce and at Mercosur Digital. She is an international speaker and author of articles and international observer at UNCITRAL WGIII on… MORE >