ALTERNATE DISPUTE RESOLUTION
Alternate Dispute Resolution is the procedure for settling dispute without Litigation, such as arbitration, Mediation, or Negotiation. It is less costly and more expeditious.
Through Various medium such as:
Arbitration it is similar to informal trial.
Mediation is non-binding, meaning
Binding and Non-binding in case of binding they comply with the law and in case of Non-binding parties can ignore.
Arbitrator is the person do the impartial decision
Hearing and Mediation is usually non-binding.
ONLINE DISPUTE RESOLUTION
Online dispute resolution uses technology to facilitate the resolution of dispute between parties. Online dispute resolution is mainly deal by the Arbitrator, mediator, conciliator or by all three of them. It is the merge of Alternate Dispute Resolution and information technology in India.
Online dispute resolution mainly act in initial filing, the neutral appointment, evidentiary processes, oral hearing if needed, online discussion etc.. these all things takes place virtually.
Section 89 Civil code of procedure has recognized the need and importance of ADR even at the post litigation stage. The law commission of India had recommended the introduction of the conciliation court system and had underlined the importance of conciliation/mediation as a mode of ADR (Alternative dispute resolution). Malimath Committee the code of civil Procedure (Amendment) bill was initiated in 1997. Where they include Arbitration and Conciliation Act, 1996.
Resultantly Section 89 Civil Procedure Code as it stands today was introduced into statue book by the Code of Civil Procedure (Amendment) Bill on its 129th Report of the Law Commission of India with the effect from 01.07.2002.
It helps in settlement of dispute outside the court as per the Section 89 of Code of Civil procedure it helps in reformulating the terms of possible settlement refers as:
1) Arbitration 2) Conciliation 3) Judicial settlement including settlement through LokAdalat or 4)Mediation.
Online Dispute Resolution is the Drift from Litigation to Arbitration. Arbitration is a legal technique for the resolution of dispute outside the court by the party. Arbitrator is the third person who dissolves the disputes by giving the decision which is called award.
The party filing claim is called the “Claimant”, and party against whom the claim is filed is called the “Respondent”. There are the Cases of mandatory arbitration may be ordered by court a single arbitrator usually hears the cases.
To become Arbitrator one does not require Qualification or Certification. But mostly people refer arbitrator of specific field of law. Some of the Example of Arbitration case is The cases which was settled in Midwest Airlines Flight Attendants Contract Dispute and NFL 2012 Bounty Scandal etc.
ADVANTAGES OF ONLINE DISPUTE RESOLUTION
It helps to solve dispute of both the parties by sitting at home through online.
Online Dispute resolution follows the institutional method where they provide set of guidance to the parties, arbitrators/mediators and proceeding.
