INTRODUCTION
The world is facing a pandemic situation and to get rid out of it is a thing of far away. The situation is very dreadful and social distancing is the only way to prevent the spread of COVID-19. Our justice system or courts are known for the justice delayed. And, this pandemic has made the situation worse. Though the courts have allowed the online filing everyone knows our courts are overburdened. And in this situation delivery of justice and the functioning of the court is a very difficult task. We need a system or an efficient solution that can ease the work of courts. This could be done by the Online Dispute Resolution.
WHAT IS ONLINE DISPUTE RESOLUTION
Online Dispute Resolution (ODR) is a process of solving the disputes online or outside the court without going to the formal courts. ODR is a combination of technology and Alternative Dispute Resolution. ODR will help to solve the small and medium scale disputes before reaching to the formal court. A meeting was organized by “Niti Aayog” on which, justice Chanderchud said that; look at the dispute resolution as a service availed of; not as a place where justice is administered i.e. Court.
METHODS OF ODR
Online Dispute Resolution is the same as Alternative Dispute Resolution. It first goes with Negotiation, Mediation, or Arbitration. The methods of ODR are as follows:
- Synchronous- where parties communicate with each other in real-time by using various video conferencing platforms.
- Asynchronous- where parties do not communicate in real-time but through emails or other communication applications.
- Online Mediation- here an email sent to the parties about the basic information of proceedings. And followed by virtual meetings through chat rooms.
- Electronic Arbitration.
ODR PLATFORMS
- Center for Alternate Dispute Resolution Excellence (CADRE) – under it one party approaches to the platform and then contacts the other party. If both the parties agree for the Arbitration, a time-stamped notice is sent to the parties via emails or WhatsApp. The decision comes within 25-30 days and shall be binding between both of them.
- SAMA- is a kind of online dispute resolution platform which provides high quality of service.
- Center for Online Dispute Resolution (CODR)
- AGAMI- is a non-profit ODR that provides efficient dispute resolution methods.
BENEFITS OF ODR
- It is cost-effective. It settles the disputes online through ODR so it reduces the expenses of resolving disputes. The physical presence of the party does not require, hence provide access to justice mechanism more equitable.
- Provides a speedier mechanism of dispute resolution in comparison with the traditional system of litigation.
- It works in a time-bound manner, so the cases do not drag for years.
- Persons of different states can resolve the matter via video conferencing rather than coming face to face hearing.
Due to Covid-19 Indian economy has badly impacted. But, it brings a change in the outlook of people in regard to dispute resolution. This is the first time when the Supreme Court has allowed the online hearing of urgent matters. But, still, it is on its infancy stage in India. In the future, ODR will not only solve the disputes quickly but it will be a platform of employment for various arbitrators and advocates.