The Regulatory Framework for Crowdsourced Online Dispute Resolution: Revisiting the Dispute Resolution Triangle

Crowdsourced Online Dispute Resolution (CODR) constitutes a transformative approach to digital-era disputes, fundamentally reconceptualizing dispute resolution through distributed participant networks rather than merely digitizing traditional alternative dispute resolution. Anchored in Katsh and Rifkin’s dispute resolution triangle (trust, convenience, expertise) and Perritt’s co-regulatory governance model, this paper analyzes CODR’s evolution from early systems such as iCourthouse to contemporary implementations. Case studies of eBay Community Court (contractual self-regulation prioritizing convenience) and Xianyu Small Court (state-aligned hybrid governance optimizing expertise through algorithmic juror specialization) demonstrate how platforms operationalize these theoretical frameworks. The legal analysis examines jurisdictional fragmentation and enforcement challenges, revealing how regulatory adaptations—from international harmonization to platform-level solutions—balance innovation against institutional legitimacy.

Ultimately, CODR’s viability depends on dynamically synthesizing Katsh-Rifkin’s triad within co-regulatory paradigms across transnational contexts.