2023-10-23 05:01:00
Politicians and judicial officials have no record of the effort it takes for a humble family to save to buy a television, a washing machine, an air conditioner, a cell phone, a car or a small house. They also have no idea of the tremendous family frustration that occurs when, after the effort of saving, the artifact or thing purchased turns out to be defective or some legal problem prevents its use and enjoyment.
It is logical that people think: if Justice cannot help me recover a cell phone, what protection could I have against a bigger problem? There is some truth in that thought. The legislation that regulates consumption, civil liability and insurance does not protect citizens as it should against small claims.
A system has been generated that encourages business impunity in the face of these small legal processes and, in parallel, increases the citizen’s feeling of the ineffectiveness of Justice and the absence of the political system to solve their problems.
In the country, 60% of the 0-800 numbers designated for claims do not work. The systems that exist for the resolution of consumer conflicts – for example, Coprec or the “Concilia” platform – solve some issues, as they bring the parties together free of charge to facilitate an agreement.
In short, neither the creation of special consumer jurisdictions nor the legal contemplation of collective advocacy actions in matters of consumption, nor the praetorian creation of the “Halabi” ruling of our Supreme Court of Justice of the Nation, can provide speed in the resolution of a minor consumer dispute so that the final decision is fair and timely for the consumer.
The provisions of the Consumer Defense Law on punitive damages, or some judicial precedents that impose it, have not been effective in dissuading companies from filing a consumer claim in the common or consumer courts – even in the specialized jurisdiction. – could be uneconomical.
The injured party is forced to invest time and money in sums greater than the amount of the dispute in question, or to recover the desired object when it no longer makes sense.
Capitalism requires a special use of time and speed in production and finance to generate profits. If the culture of savings and work is to penetrate society and become part of it, citizens must have their consumption, insurance, housing and minor civil liability problems resolved in a short time and at high speed. Only then will you see the fruits of your efforts.
At the same time, she will consider that the economic system where she lives is fair and that Justice and politics take care of her.
Obvious benefits
In this context, digitalization offers a technology that enables an effective and efficient solution for these small processes: it eliminates transportation and communication costs, reduces legal expenses to make the process viable and favors speed in the resolution of the conflict.
In Argentina, legislation could be passed to modify and improve existing consumer dispute resolution systems and add some digital services, for greater accessibility and citizen satisfaction.
Thus, a hybrid digital communication system could be installed that includes chatbots and lawyers to provide free advice to injured parties so that they know their rights and the probability of success of their claim.
Then, establish a mandatory digital mediation process within the same system, which documents the conflict information, safeguarding confidentiality, until the stage concludes and moves to a later instance.
The mediator should be a lawyer and with a mediator license recognized by the national or provincial State.
If the mediation fails, the intervening mediator should be granted jurisdictional powers analogous to those of a single-instance judge, with the ability to decide on the evidence and then hold a digital hearing to issue a “sentence”, ruling or decision. final on the matter.
This “sentence” would only be appealable for reasons of nullity expressly established by law before the judges of first instance, who will have the last word on the issue and in this way the constitutional requirement and demanded by international treaties will be fulfilled: the double judicial instance.
This system should require a public evaluation that generates rewards (training, professional recognition, tax benefits) to those who obtain the best qualification among the advisors, mediators, judges and defendant companies that intervened.
In the cradle of world capitalism – England – a similar system operates called Online Dispute Resolution for low value civil claims; in Spanish, Online Dispute Resolution for low value civil claims). It takes place in three well-defined stages: free advice, mediation and brief trial.
We can also mention the Plattform to Assist in the Resolution of Litigation Electronically, created by the University of Montreal, Canada), which has achieved consumer satisfaction levels of 88% and merchants of 89.2%, with a maximum process duration of 29 days, and has judged processes whose amount reaches the range of 16 thousand to 200 thousand dollars.
In our country, there are all the technological and human resources to implement this system, which has multiple benefits.
For citizens: saving time and expense. Entrepreneurs or merchants who comply with the law will be highlighted and eligible by the consumer, which will purge the market of scammers, since citizens will choose to buy from those who comply.
The states of the Nation and the provinces will save resources, since it will not be necessary to overload the Consumer or Civil and Commercial Justice, since litigation will greatly decrease and, therefore, its structural and operating expenses.
Citizens deserve that politics and Justice recover their prestige by providing an efficient and fast system that solves their daily problems.
* Lawyer and founding partner of Ratio Consultores
#quick #effective #solution #minor #disputes