It combines established methods of conflict resolution, such as negotiation, mediation, conciliation, and arbitration, with modern technological capabilities. It is founded on the principle that disagreements can be amicably settled in a seamless manner, at any location, by any individual, at a fraction of the cost and in a fraction of the time that is required by conventional processes.

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ANALYSIS 

ODR that is tied to the judicial system is distinguished from other forms of technology-supported dispute resolution by three fundamental components:

The very first thing to mention is that the programme can only be completed online. ODR users do not interact with the court for traditional in-court procedures or events in any other way. This is in contrast to other court programmes, such as e-filing and video hearings, which provide an online interface with which to complete specific tasks.

The second advantage is that the programme is not intended to serve as a technological platform to aid judges or court employees in making decisions; rather, its primary purpose is to provide litigants with assistance in settling their disputes or cases. Dispute resolution necessarily includes the possibility of challenging the validity of claims or of raising affirmative defences; court-related alternative dispute resolution is not simply a platform for defendants to negotiate a payment schedule in order to repay obligations.

Third, the judicial branch either directly hosts or provides support for the programme. It is not a form of private alternative dispute resolution (ADR), but rather combines and extends the conflict resolution services supplied by the judicial branch into digital space in order to serve individuals in a manner that is efficient, effective, transparent, and equitable.

This definition of court-related alternative dispute resolution (court-related ODR) might comprise a range of strategies and technologies that can assist in the resolution of disputes. It is able to provide conflict resolution services without the need to initially file an official complaint. It is able to enable a wide range of decision-making aids, such as the exchange of discovery, direct settlement negotiations between parties, synchronous or asynchronous mediation help, and technology-supported adjudication. When the parties to a dispute successfully reach a settlement, the programme has the capability of populating settlement agreement forms according to industry standards. These forms can then be automatically filed with the court, if necessary, to conclude the case. In the event that the litigants are unsuccessful, the programme can also allow a smooth transition to the traditional method of dispute settlement utilised by the court by automatically completing and submitting the relevant court forms. Users of court-related ODR programmes shouldn't have their access to justice or the right to due process compromised during the design or implementation of these programmes.

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ODR IN INDIA 

The concept of online dispute resolution (ODR) is still in its infant stages in India, but it is steadily gaining traction in the country. E-commerce and e-governance have been given official and legal recognition in India ever since the Information Technology Act, 2000 was passed into law there. This act was passed in India. Even India's traditional arbitration law has been updated, and the country currently uses the Arbitration and Conciliation Act of 1996, which complies with the harmonised requirements of the UNCITRAL Model. The purpose of implementing section 89 as an addition to the Code of Civil Procedure, 1908 was to add provisions for various alternative dispute resolution (ADR) procedures that can be utilised in India.

 

The number of conflicts that are a result of online transactions is increasing at a quick rate in India because of the rapid growth of e-commerce there. The existing dispute redressal methods are not adequate to meet the needs of the expanding firm or the high expectations of its customers. Traditional dispute resolution methods demand the physical attendance of all involved parties and are not compatible with today's internet environments. 

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CONCLUSION 

This definition of court-related alternative dispute resolution (court-related ODR) might comprise a range of strategies and technologies that can assist in the resolution of disputes. It is able to provide conflict resolution services without the need to initially file an official complaint. It is able to enable a wide range of decision-making aids, such as the exchange of discovery, direct settlement negotiations between parties, synchronous or asynchronous mediation help, and technology-supported adjudication. When the parties to a dispute successfully reach a settlement, the programme has the capability of populating settlement agreement forms according to industry standards. These forms can then be automatically filed with the court, if necessary, to conclude the case. In the event that the litigants are unsuccessful, the programme can also allow a smooth transition to the traditional method of dispute settlement utilised by the court by automatically completing and submitting the relevant court forms. Users of court-related ODR programmes shouldn't have their access to justice or the right to due process compromised during the design or implementation of these programmes.

-By Siddharth Kumar

Symbiosis Law School Pune