[glennvtx]

There is nothing preventing the use of neutral third party contracts, For example a non profit arbiter of such cases, recognized for impartiality in an open market. Just like the better business bureau, or similar organizations. Merchants can display a "your purchase protected by" banner, the market itself will determine the best form the material incentives for such an organization would take, perhaps "loser pays the fee" could work, or a subscription model, more like a traditional bank.