EVOLUTION OF ONLINE DISPUTE RESOLUTION (ODR)
Online Dispute Resolution (ODR) is a type of dispute-solving mechanism between two parties with the help of technology and techniques of Alternate Dispute Resolution. It consists of arbitration, negotiation, and mediation. “It solves small and medium value cases.”[1] ODR has evolved and helped solve cases with the help of technology. Many cases are pending in the Judicial system. The use of ODR increased during the COVID period as nobody could go out and virtual hearings and e-filings were started popularising during that time. The growth of ODR has evolved 1990s, and the growth of e-commerce played a significant role. Some of the early platforms to solve disputes are eBay and PayPal. These platforms have their ways of solving disputes because they need to maintain their customers’ trust. So, in this platform, they have an option where they can file a complaint and they will attempt to solve their problem if they fail, they will go with a mediation and arbitration process.[2]
Later this concept evolved, and it led to Online Dispute Resolution. So, they solve disputes related to unfair trade practices, IP etc and it also has side effects like privacy issues, cyber terrorism, identity theft etc. By the early 2000s, it began to explore many fields and courts started adding ODR into their practices as it helps the justice system to solve cases side by side rather than making the cases pending in the court. So after this, there came the latest innovations such as video conferencing, artificial intelligence and blockchain technologies and these have collaborated within the ODR as video calls help them to bring both parties virtually and solve the problem rather than facing each other face to face and it saves a lot of time whereas AI i.e., artificial intelligence has been used to predict the outcomes, analyse and it sometimes helps to collect the information and the blockchain helps in keeping the documents secured and to have a clear and transparent process.
BENEFITS OF ONLINE DISPUTE RESOLUTION
There are many benefits for the ODR such as time efficiency, accessibility, cost-effectiveness, convince, negotiations, and storing the data. Conflict resolution is solving the dispute between two parties whereas ODR is just an evolved version of that i.e., in this we use technology to solve the issues. This helps to speed the justice process as if every case is filed face to face, then sometimes it will take years to solve that and to easy access and to get speedy justice ODR is used. Alternative Dispute Resolution is another type of system where we solve issues but during the pandemic, people could not move around freely to overcome such a situation we used ODR as a means as it is accessible such that both parties can use video calls and it is less time-consuming. “Some of the ODR platforms are CADRE, AGMK, SAMA, Centre of Online Dispute Resolution etc”[3]. It also encourages a negotiation process such that both parties will arrive at a mutual decision or an agreement. The other important benefit of this is the storing the data or documents because it is considered as the. Another problem in the court is to store those documents.
CHALLENGES AND CRITICISMS OF ONLINE DISPUTE RESOLUTION
As there are advantages there are some disadvantages also such as technological barriers, privacy, security concerns, human behaviour, and legal concerns. There are some issues regarding the digital infrastructures because as the hearing takes place it may last for a prolonged period, and it is important to have good connectivity and smart gadgets. Sometimes there is a lack of such things. Privacy and security concerns are major problems. It is to be ensured that the data shared is confidential and it should not be reshared or easily accessed by any individuals. Digital literacy is another issue as some of them do not know how to use technology and in the case of rural areas there should be, more accessibility towards this and behavioural problems because there should always be mutual consent to solve an issue and sometimes for this, they need proof also. Sometimes there is a requirement for stamps in the documents[4]
COURT-RELATED ODR AND OTHER FORMS OF TECHNOLOGY DISPUTE RESOLUTION
“In court-related ODR they try to achieve special tasks assigned to them whereas the other one operates only digitally. Other forms of technology disputes do need to file a case or follow the procedure whereas court-related ones should and they should follow all the legal procedures it’s according to the parties’ consent they make decisions and they believe that outside court settlements are good as it can be done informally and not restricted to any particular jurisdiction whereas in court one should be done formally and should follow the particular jurisdiction. Court court-related one is designed such that it is effective for the judicial system whereas the other one is for a speedy solution.
CONCLUSION
Online Dispute Resolution is required in this era as its main aim is for speedy justice and cost efficiency and it also helps not to overburden the court. There is a need for more awareness related to online dispute resolution among citizens, and training and this can be done with the help of social media platforms, educational institutions, conferences, seminars, campaigns etc[5] and there should be more access to digital infrastructure, for this to happen there should be help from the government. “There is a scheme called Pradhan Mantri Gramin Digital Saksharta Abhiyaan (PMGDISHA) which ensures that even remote areas and marginalised sections have access to justice. There is also another website named LIMBS which was the initiative of the Department of Legal Affairs (DoLA), Ministry of Law and Justice which aims to monitor the cases[6]. With the help of technology, we can create more innovative platforms for ODR. There are many advantages to ODR. I have not said that there are disadvantages either, so there should be constant innovations, international collaboration, and development. As there is an increased advance, nets in technologies there is more scope for ODR in future.
Author(s) Name: Varsha Shankar (Saveetha School of Law, Chennai)
References-
[1] ‘Online Dispute Resolution Mechanism in Indian Judiciary’(Drishtiias, 06 July 2022) <https://www.drishtiias.com/daily-news-editorials/online-dispute-resolution-mechanism-in-indian-judiciary> accessed 26 July 2024
[2] Gintarepetreikyte, ‘ODR Platforms: eBay Resolution Center’ (The 15 th ODR Conference, 14 April 2016) <https://20160dr.wordpress.com/2016/04/14/odr-platforms-ebay-resolution-center/> accessed 26 July 2024
[3] ‘Online dispute resolution : an analysis’ (iPleaders, 21 November 2021) <https://blog.ipleaders.in/online-dispute-resolution-an-analysis/#_ftn1> accessed 26 July 2024
[4] ‘Online Dispute Resolution Mechanism in Indian Judiciary’ (Drishti IAS, 06 July 2022) <https://www.drishtiias.com/daily-news-editorials/online-dispute-resolution-mechanism-in-indian-judiciary> accessed 26 July 2024
[5] Online dispute resolution : an analysis (n 3)
[6] Online Dispute Resolution Mechanism in Indian Judiciary (n 4)
