The pessimist sees difficulty in every opportunity. The optimist sees opportunity in every difficulty.- Winston Churchill

Concept Of Online Dispute Resolution:

Nowadays, technology has made our lives easier than ever in human civilization. However, there are many ups and downs of technology. One of the recent developments is online dispute resolution.

Online dispute resolution (ODR) means where the party or the mediators are not present physically. Mediation are being done virtually through different means. Online dispute resolution is a milestone for ADR, wherein internet takes part as forth party1. ODR is an alternate to the traditional litigation.

In India, ODR is in a nascent stage. Niti Ayog also constituted a high-level committee regarding the ODR POLICY plan for India.


Advantages Of ODR Over The Traditional Courts And ADR

• ODR helps to Manage the economic burden. In traditional arbitration, there are attorney fees, court fees, travelling costs etc., but in online form of arbitration, there is no such type of fee.
• ODR is a Quick and expedient dispute resolution mechanism. As of May 2022, over 4.7 crore cases pending in the Indian courts in different levels of judiciary. These difficulties led to the need for ODR. ODR is capable of quick dispute resolution.
• ODR leads to Positive Environmental imprint:
  • The Indian courts use 11 billion sheets of paper per year. The 'green cost' of this is approximately 1.3 million trees and 109 billion litres of water per annum.
• ODR also widened the scope of alternate dispute resolution mechanisms to resolve cross-border disputes. ODR also resolved the issue of jurisdiction.

Disadvantages Of ODR Over The Traditional Courts And ADR:

• In India, there is a lack of digital literacy. Digital literacy is essential for the smooth functioning of ODR. Because in India, it was observed that women constitute only 1/3 of internet users in India. This situation is far worse in rural areas, which have only 28 percent of overall users with internet facilities.
• ODR has to face Behavioral challenges. India has a deep-rooted belief in the traditional court system. Individuals often consider courts as the primary path to justice. This is further aggravated that ADR is also still relatively new in India since application to the ADR mechanism is in its nascent stage, which makes the path of ODR much more arduous.

Recommendations To Improve ODR:

• There should be a uniform set of rules governing the process.
• People should be aware of it.
• When the parties agree to online mediation, the whole meeting should be recorded with the previous authorization of the parties.
• Parties must be trained in respect of using the platform before the proceedings.
• Confidentiality must be ensured by the mediator.
• Mandatory pre-litigation under ODR for certain classes of cases.

In conclusion, sensitization of people about the ADR system to the general public is the need of the hour, as the ADR grow the ODR will definitely grow. The scenario of ODR in India is quite similar in other developing countries. There is no such specific provision in India regarding mediation through ODR. However, the government established NCDR(National Center for Dispute Resolution), the online Consumer Mediation Center (OCMC), the SAMADHAN portal etc., to promote ADR mechanisms including the ODR There is a need for rules regarding the ODR by which the person ensure there safety, privacy and avoidance of their mediation done through online because there are difficulties are being faced. However, the UNCITRAL in its 42nd session prepared the first of its kind – the UNCITRAL technical notes on ODR, finalized and adopted in its 49th session.

There are also other institutions such as the Hong Kong International Arbitration Center, Asia Pacific Center for Arbitration & mediation Center, the International Chamber of Commerce rules, the Singapore International Arbitration Center Rules etc., which have provided guidelines regarding the ODR. The shift from ADR towards the ODR is prominent and will serve as a base for future dispute settlement.

End Notes:

1. Ethan Katsh and Janet Rifkin, Online Dispute Resolution: Revolving Conflicts in Cyberspace (Wiley, 2011)
2. Bhaven Sah, ''ODR: A Possible cure to Virus Plaguing to Justice Delivery System?'' Bar & Bench (22 March 2020)
3. IAMAI, India Internet, 2019