ONLINE DISPUTE RESOLUTION IN REGULATORY AGENCIES

Abstract

This article empirically analyzes the jurisdictional and extrajurisdictional facets of online dispute resolution (ODR) conducted by federal regulatory agencies in Brazil. ODRs governed by regulatory agencies play extrajudicial and extrajurisdictional functions. Besides resolving conflicts between regulated economic agents and consumers, ODR are used to improve agencies’ regulatory, auditing and sanctioning performances. It is also analysed the effectiveness of ODR mechanisms by analyzing open data provided by the National Regulatory Agency for Private Health Insurance and Plans (ANS) and the National Civil Aviation Agency (Anac). Among the analyzed phenomena are complaint rates against economic agents and ODR’s success rates. The article reveals increasing trends in complaint rates and modest levels of ODR’s success rates.

Keywords:
Online dispute resolution; regulation; regulatory agencies; ANAC; ANS