Many courts around the world are now incorporating ODR into their judicial procedures. The idea is to add a "virtual door" to the multi-door courthouse and promote access to justice.[19]​.

An example of this has been the use made by the Delegation of jurisdictional affairs of the Superintendency of Industry and Commerce of Colombia to resolve disputes between consumers and producers. It uses an online platform in which consumers can file their lawsuits online and notification to the defendants is also done online. The entire procedure, from the lawsuit to the sentence, will be carried out digitally.[20]​.

European small claims procedure

Small claims procedures provide a middle ground between formal litigation and ADR, where disputes involving small claims can be resolved in court more quickly, cheaply and less formally. The main limitation of small claims procedures is that they are restricted to particular jurisdictions. To overcome this limitation, the European Commission has drawn up a regulation for a European Small Claims Procedure (ESCP).[21] Implementation of the ESCP in all EC Member States is expected by January 2009. The ESCP is predominantly a written procedure dealing with claims below €2,000 arising in cross-border disputes. Its main advantage is that it provides for the execution of sentences in any of the Member States without the current need to go through the formal mutual recognition of sentences (execuátur).[22]​.

There are high expectations placed on the ESCP, which to offer a profitable process will have to depend on ICT. This will be a significant challenge, because unlike the UDRP, which is becoming a fully online process to deal with specific complaints,[23]​ the ESCP will deal with a variety of civil and commercial disputes. The objective of the ESCP is the creation of a cost-effective procedure applicable to small claims in cross-border litigation. This objective could only be achieved using a written procedure, assisted by electronic forms such as emails and videoconferences as provided for by the ESCP...[24]​.

The Regulation allows the use of new technologies in the transfer of information and evidence between the courts of the different Member States. But it will be the EC Member States who will decide, through their own regulations, which specific media outlets are acceptable in their courts. Given that the ESCP is a regulation and not a directive, it is arguable whether it has left too many aspects to the discretion of Member States, which could call into question the legal certainty expected from a European regulation.[25]​ However, it may be expected that, in due time, electronic communications will reach all possible and reasonable aspects of judicial procedure to assist in the resolution of online and offline B2C disputes.

With the implementation of the ESCP, an institutionalized ODR may emerge in Europe in 2009. Many disputes will be resolved by judges communicating with the parties over the Internet. The ESCP is expected to contribute to mitigating the legitimacy problem that also hinders the emergence of ODR. Perhaps, within the EU, where we are concerned about the fairness of private procedures (i.e. restrictions on consumer arbitration), the ESCP can contribute to increasing confidence in ODR processes.[26]​.

Many courts around the world are now incorporating ODR into their judicial procedures. The idea is to add a "virtual door" to the multi-door courthouse and promote access to justice.[19]​.

An example of this has been the use made by the Delegation of jurisdictional affairs of the Superintendency of Industry and Commerce of Colombia to resolve disputes between consumers and producers. It uses an online platform in which consumers can file their lawsuits online and notification to the defendants is also done online. The entire procedure, from the lawsuit to the sentence, will be carried out digitally.[20]​.

European small claims procedure

Small claims procedures provide a middle ground between formal litigation and ADR, where disputes involving small claims can be resolved in court more quickly, cheaply and less formally. The main limitation of small claims procedures is that they are restricted to particular jurisdictions. To overcome this limitation, the European Commission has drawn up a regulation for a European Small Claims Procedure (ESCP).[21] Implementation of the ESCP in all EC Member States is expected by January 2009. The ESCP is predominantly a written procedure dealing with claims below €2,000 arising in cross-border disputes. Its main advantage is that it provides for the execution of sentences in any of the Member States without the current need to go through the formal mutual recognition of sentences (execuátur).[22]​.

There are high expectations placed on the ESCP, which to offer a profitable process will have to depend on ICT. This will be a significant challenge, because unlike the UDRP, which is becoming a fully online process to deal with specific complaints,[23]​ the ESCP will deal with a variety of civil and commercial disputes. The objective of the ESCP is the creation of a cost-effective procedure applicable to small claims in cross-border litigation. This objective could only be achieved using a written procedure, assisted by electronic forms such as emails and videoconferences as provided for by the ESCP...[24]​.

The Regulation allows the use of new technologies in the transfer of information and evidence between the courts of the different Member States. But it will be the EC Member States who will decide, through their own regulations, which specific media outlets are acceptable in their courts. Given that the ESCP is a regulation and not a directive, it is arguable whether it has left too many aspects to the discretion of Member States, which could call into question the legal certainty expected from a European regulation.[25]​ However, it may be expected that, in due time, electronic communications will reach all possible and reasonable aspects of judicial procedure to assist in the resolution of online and offline B2C disputes.

With the implementation of the ESCP, an institutionalized ODR may emerge in Europe in 2009. Many disputes will be resolved by judges communicating with the parties over the Internet. The ESCP is expected to contribute to mitigating the legitimacy problem that also hinders the emergence of ODR. Perhaps, within the EU, where we are concerned about the fairness of private procedures (i.e. restrictions on consumer arbitration), the ESCP can contribute to increasing confidence in ODR processes.[26]​.