Digital Mediation and Inclusive Justice. Between Consolidation in the USA and Challenges in Brazi

an Emacipatory Perspective

Abstract

This article examines the evolution and challenges of Online Dispute Resolution (ODR) in the United States and Brazil, highlighting how this mechanism consolidated itself in distinct institutional and cultural contexts. In the U.S., ODR emerged in the 1990s as a response to the growth of e-commerce and the demand for swift and cost-effective solutions to consumer disputes, being driven by private platforms such as eBay and by academic research led by Ethan Katsh, gaining legitimacy through its practical effectiveness. In Brazil, by contrast, ODR was introduced in an institutionalized way through the Judiciary and legislative initiatives, with legal milestones such as CNJ Resolution nº 125/2010, Law nº 13.140/2015, and the 2015 Code of Civil Procedure, all of which encouraged mediation and conciliation as alternatives to excessive litigation. Despite progress, ODR in Brazil still faces major obstacles: a state-centered legal culture, resistance from legal professionals, lack of digital infrastructure, unequal access to the internet, and the absence of structured public policies. Nonetheless, the Covid-19 pandemic accelerated the adoption of online mediation, revealing its potential for democratizing access to justice, especially in low-complexity disputes with high social relevance. The study concludes that in contexts marked by structural inequalities, ODR can serve as an emancipatory instrument, expanding legal inclusion through reduced costs, faster procedures, and greater accessibility. Therefore, its critical and well-planned incorporation into the Brazilian justice system is not only desirable but necessary to effectively realize the constitutional right of access to justice, consistent with the principles of efficiency, dignity, and equality.