Self-Regulation
Experience shows that consumers do not widely use judicial remedies
Out-of-court, accessible and fair remedies are needed to supplement the courts
“Selling” of jurisdictional and choice of law “solutions” will depend on convenient remedies
Notes:
Judicial remedies are not responsive for most consumer difficulties.
The amounts are too small
the issues are not always strictly legal--or resolvable through judicial remedies
most consumers (all of us) fear the courts as well as lawyers
there IS a reason that ADR has become widespread in the US and elsewhere--it must be convenient, accessible, cost-efficient and fair
jurisdictional and choice of law solutions (such as law of the seller’s location) won’t be accepted unless there are practical remedial approaches