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AGE OF DIGITAL JUSTICE : ONLINE DISPUTE RESOLUTION.

Courtesy/By: A. SIVABAGYAM | 2020-10-22 21:26     Views : 323

The pace of development and change in society is rapidly rising. Technology becomes more and more innovative, helping to keep up with this change of pace. Especially, in times like these where this pandemic has left us immured in our homes, technology has played an important in helping the world function with ease in this new reality. The whole world has now moved online, with employees working from home, students having online classes and, staying connected with our loved ones, all interaction now happens online. The Indian legal system is no different. Although the Supreme Court has allowed for the online hearing of cases in order to facilitate remote and contactless delivery of justice, one cannot be ignorant of the fact that the judiciary is overladen with cases. Online Dispute Resolution is the safest and most favorable alternative available.

What is Online Dispute Resolution?

ODR is a process wherein disputes are settled outside courts, using technology to help resolve disputes between parties. It makes use of alternative dispute resolution mechanisms. It involves engaging in mediation, arbitration, and conciliation. While the arbitration was considered an alternative to taking an issue to be resolved in court, it has now become a very convoluted and expensive process. ODR is now the most preferable and cost-efficient option.

Online dispute resolution is voluntary and the parties involved may engage in a contemporaneous resolution method wherein they interact with each other using video conferencing mechanisms. Parties may also communicate with each other using e-mail or other applications for communication.

An online dispute resolution is an efficient option, which provides speedy justice. It also reduces costs substantially. It is an informal setup that doesn’t face constraints such as geographical limitations and long proceedings. In a developing country like India, this form of dispute resolution is still in a rudimentary stage and is subject to various challenges. Lack of technical infrastructure and internet access is a huge hindrance to the ODR facility. Owing to the pandemic, people even in remote areas are pushed towards adapting to technological advancements. Thus, more awareness needs to be created about this mechanism. With effective use of this technology, justice can be delivered online to each and every person overcoming various limitations one would face through other resolution mechanisms.  A strong infrastructure for easy accessibility and for ensuring that justice must be delivered in minimal time and adequately by increasing the literacy rate, reducing linguistic and cultural barriers, as well as widespread access to e-courts might be the stepping stone towards achieving transparency and reach. ODR will pave the way for a future that ensures smooth dispute resolution sans any barriers.

 

This article does not intend to hurt the sentiments of any individual, community, sect, or religion, etcetera. This article is based purely on the author’s personal opinion and views in the exercise of the Fundamental Rights guaranteed under Article 19(1)(A) and other related laws being enforced in India for the time being.

Courtesy/By: A. SIVABAGYAM | 2020-10-22 21:26