Dispute resolution process disclosed
Why it matters
A Terms of Service that specifies governing law but says nothing about how disputes are resolved leaves users without a clear path to bring claims — and leaves you without an agreed process to defend against them. In the EU, the Online Dispute Resolution Regulation (EU-ODR-Reg-524-2013) requires that certain businesses provide an ODR platform link and dispute resolution information. In the US, without an arbitration clause, any user can file a class action lawsuit in their preferred court. Class actions in the US routinely settle for millions regardless of merit, because the cost of litigation exceeds the settlement threshold. A clear dispute resolution clause — even a simple one — substantially reduces this exposure.
Severity rationale
Low because the absence of a dispute resolution clause elevates class action risk and removes the predictability businesses need to budget for legal costs.
Remediation
Add a dispute resolution section near the governing law clause in your Terms of Service. At minimum, specify the process and forum — arbitration, small claims court, or litigation.
## Dispute Resolution
Informal Resolution First: Before filing a formal dispute, contact us at
support@example.com. We will make good faith efforts to resolve issues within 30 days.
Arbitration: If informal resolution fails, disputes will be resolved by binding
arbitration under AAA Consumer Arbitration Rules. Arbitration takes place in
[City, State]. Each party bears their own costs unless the arbitrator awards otherwise.
Small Claims Exception: Either party may bring individual claims in small claims
court within that court's jurisdictional limits.
Class Action Waiver: Disputes are resolved only on an individual basis. You
waive any right to participate in a class action or class-wide arbitration.
Arbitration clauses are legally complex — enforceability varies by jurisdiction and consumer protection law. Have a lawyer review before publishing.
DetectionPro
The detection method for this pattern is part of AuditBuffet Pro.
The full method (what to look for, pass and fail conditions, and how results get reported) ships inside the Terms of Service & Legal Pages Audit. The pattern definition, severity rationale, and remediation remain openly licensed under CC-BY-4.0.
External references
- external · EU-ODR-Reg-524-2013 — EU Online Dispute Resolution Regulation — Art. 14 requires EU traders to provide ODR platform link in ToS
Taxons
History
- 2026-04-18·v1.0.0·Initial import from legal-pages-compliance·automated