ONLINE DISPUTE RESOLUTION

                                                                                                                                                                                                                                                  BY SUSHMA GOWDA

                          INTRODUCTION

In Online dispute resolution Arbitration Takes Place.

Arbitration means where both the parties who are facing conflicts appoint third person to solve the problem online either then entering court.

In such case Third person act as Arbitrator, conciliator, mediator to solve the problems without wasting time and money on court and on travelling.

With the Enactment of information technology act 2000 it increased the Legal Recognition in India.

India Introduced Arbitration and Conciliation Act, 1996. Which helps to reduce the burden of the court Cases.

ADVANTAGES

 1.It helps to solve dispute of both the parties by sitting at home through online.

2. Documents, evidences etc.. are shared through online and it is always kept confidential until and unless any changes to be made with the consent of parties.
3. And it reduces the paper work as they use a digital platform
4. It can be addressed both in the form of Formal and informal way conversation..
5. Different area of jurisdiction would never be any barrier through online mode, however one can access them sitting anywhere and can track the status 24*7.

If Arbitration institute is in Mumbai and one party in Bangalore and other one in Kolkata it becomes easy to use Online dispute resolution to solve the Problem.

Online Dispute resolution follows the institutional method where they provide set of guidance to the parties, arbitrators/mediators and proceeding.

ILLUSTRATION

Online Dispute Resolution would include online registration, online mediation, online arbitration, online communication, online settlement etc.. it not only applicable to online dispute but also offline.

For Example:

Contractual dispute happened between the business parties they agree to have online mediator/arbitrator/conciliator to solve the dispute, including they must send documents online to the mediator for the analysis.

After settlement it will be reduced in writing, signed and ultimately enforced as a decree of court under the provision of Arbitration and Conciliation act, 1996.

FACTS

If the person is not able to manage time and money to follow court for any civil or commercial dispute one can easily access the Online dispute resolution.

Court keep cases on pending and it may take ages to give award or court may not make time for settlement in such cases Online Dispute Resolution plays vital role to solve the cases.

 Communication Modes in Online Dispute Resolution are E-mail, instant messaging, Discussing Boards, video conferencing or Audio Conferencing. Through such mode online Negotiation, online arbitration through Video-conferencing, Online Public Opinion takes place as a steps to solve problems.

 As per Sec 7(3) Arbitration Agreement should be in Writing.

As per sec 31(1) of Arbitration act 1996 it requires the Arbitral award to be in writing and signed by the members of arbitral tribunal

 It is Cost Effective way of settlement of dispute.

Arbitration is final as same as Court Decree.It helps to settle commercial dispute, consumer dispute, E-commerce website dispute, Employment related matters, Real estate dispute, intellectual property dispute etc.

CONCLUSION:

Special platform to deal with such disputes they found Online dispute resolution/Alternative dispute Resolution.

It may Create win -win situation through the award.