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Online Dispute Resolution

Courtesy/By: Joanna Lisa Mathias | 2021-01-14 16:30     Views : 335

Alternate Dispute Resolution is the use of methods other than litigation to solve disputes. The onset of COVID and technological advancements have popularised the concept of Online Dispute Resolution (ODR). It is a system of conflict resolution that uses technology to promote dispute resolution between parties. Negotiation, mediation, or arbitration, or a mixture of all three, are mainly involved. In essence, the method of conflict resolution uses emerging technologies on a digital forum is (video conferences). It is an amalgamation of advanced technology and alternative dispute resolution (ADR) methods, such as mediation, conciliation, and arbitration, for conflict resolution purposes, particularly in cases of small and medium value. Also, the choice of ODR has only become more compelling, secure, and cost-effective given the pandemic. Online Dispute Resolution, similar to ADR is a confidential, voluntary, and informal process. Parties may choose to engage in ODR as a framework for conflict resolution; they may, however, also pursue their argument via a different platform. Similarly, parties have the right to withdraw as they wish at any time. 

Advantages of Online Dispute Resolution

  • Without any geographical restriction serving as an obstacle, it can be accessed from anywhere in the world. 
  • By canceling out the time needed for travel, leads to successful time management. It also greatly decreases costs as a consequence. This guarantees rapid access to justice. It has a more relaxed and informal setup. 
  • In comparison to impulsive reactions that can often take place in real-time face-to-face mediation discussions, asynchronous internet communications benefit from being edited.

 

Disadvantages of Online Dispute Resolution

  • Lack of human contact and communication, lack of literacy, insufficient confidentiality and secrecy of proceedings, lack of confidence and trust, restricted range of disputes, cultural, educational, and language barriers, negative attitudes of lawyers are the most important challenges faced by ODR in its way of growth in India.

 

Scope of Online Dispute Resolution in India

Currently, ODR is still in its primitive stage and there is a long way to go. From a legislative perspective, a conjoint reading of the provisions of the Indian Evidence Act, 1872, with the Arbitration and Conciliation Act, 1996 and the Information Technology Act, 2000 shows that there are legality and technical viability of the ODR mechanisms. Promoting and developing a technology-driven conflict settlement platform not only seems appealing to lawyers but will also contribute to considerable relief of the burden of the courts and increase the efficacy of the Indian legal ecosystem. ODR contains different conflict settlement tools such as e-Negotiation, e-Conciliation, e-Mediation, e-Arbitration, and hybrid methods such as Medola, Mini Tribunal, Med-Arb, Fast Track Arbitration, Impartial Listener Arrangement, Rent a Judge, Concilio-Arbitration, etc. In order to have its decision binding or non-binding upon the parties, it can follow either an adjudicatory or non-adjudicatory procedure. It is crucial now more than ever to expand society’s access to the justice system.

 

This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.

Courtesy/By: Joanna Lisa Mathias | 2021-01-14 16:30