Author
P. Shravanthi
PGDBA, MHRM, LLB, ADADR
Advocate, Arbitrator, Mediator and Trainer
Online Dispute Resolution or ODR also known as E-ADR or Online ADR, as the name suggests is a method of resolving disputes through electronic or online methods, which
provides far more advantages such as cost effectiveness, quicker resolution of disputes, when compared to ADR, its parent. The COVID-19 Pandemic brought about great technological advancement not only in our living conditions but also, into the Judiciary which took trailblazing efforts in quickly adopting to the electronic means for its functioning. While the Courts had their own hurdles in fully functioning through electronic mode, ADR made its most by resorting to ODR methods wherein, the procedures were carried out with ease through a simple click.
Development of ODR in the World
Countries like USA, UAE, Canada, and Brazil whose Governments, Judiciary and Private institutions have already joined hands and integrated ODR mechanisms for dispute resolution
and are further working to explore and implement ODR in the best possible ways.
Development of ODR in India
India, like the other parts of the World has adopted ODR as a mechanism of dispute resolution and is successful in introducing E-Lok Adalat, Online Consumer Grievance Redressal systems, RBI’s Payment System Operators or PSO’s for resolution of disputes pertaining to digital payments and various groups of individuals supported by the Judiciary, have designed ODR platforms such as SAMA, Presolv360, AGAMI, CORD, etc.,
Although it appears as-if ODR is up-scaling itself in India, there are some major challenges such as lack of supportive ecosystem, restricted access to advanced technology, lack of awareness of dispute resolution mechanism and lack of digital literacy, slowing down the process of adopting ODR in its fullest form. Based on the abovementioned challenges, ODR in India may be developed in a Four-Fold Pattern, divided into Four phases which are as follows;
Phase-1
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- Creating Awareness about Dispute resolution mechanisms by conducting seminars,
webinars, etc.,
- Creating Awareness about Dispute resolution mechanisms by conducting seminars,
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- Infrastructural changes to create the right ecosystem for technological
advancement.
- Infrastructural changes to create the right ecosystem for technological
Phase-2
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- Making Laws and by-laws in support of ODR, bringing amendments to Information
Technology Laws for recognition of ODR and easy enforcement of Awards passed
through ODR mechanism.
- Making Laws and by-laws in support of ODR, bringing amendments to Information
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- Providing security for access of advanced technologies.
Phase-3
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- Encouraging individuals from various professional backgrounds to work on
development of ODR by providing certifications and accreditions as ODR
professionals.
- Encouraging individuals from various professional backgrounds to work on
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- Usage of AI/ML etc technologies into developing ODR while prioritizing security
and privacy of the citizens
- Usage of AI/ML etc technologies into developing ODR while prioritizing security
Phase-4
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- Gradually encouraging citizens to completely resort to ODR mechanisms to resolve
their disputes pertaining to Banking, Consumer disputes, Disputes pertaining to ECommerce and Insolvency and Bankruptcy, etc.,
- Gradually encouraging citizens to completely resort to ODR mechanisms to resolve
Conclusion
India is already advancing in latest technology such as Artificial Intelligence/ Machine Learning etc., and if the same is integrated into Legal procedures and into resolution of
disputes, India will soar to greater heights and there wouldn’t be any looking back.