In the contemporary day and age the whole nine yards can be bought with the
potentiality of paper money, except for the Time
.Time is absolute and
priceless. Every single stride taken in technological advancements is somewhere
related to skimp time. If advancements cannot economise time, then they are no
advancements. Indian Judiciary now have almost 4 crore pending cases, to unravel
this much no. of cases is beyond not only competence of Indian Judiciary but
every single existence organization in the world .In this article we will
discuss about Alternative dispute resolution ( ) and Online dispute
resolution(ODR) , how they are beneficial and about its existence in India
Alternative dispute resolution (ADR)
stands for Alternative dispute resolution. It has various methods through
which we can resolve our disputing without opting litigation and approaching
courts, in simple language solving issues outside the court room. In recent
years is widely accepted as method or technique to solve disputes by great
amount of people and legal profession.
Two methods which are commonly used in are:
If we compare both:
Arbitration: In Arbitration two parties who are in dispute involve a 3rd
neutral party to resolve the dispute, commonly these 3rd parties are a panel of
arbitrators. Arbitrators carry authority make the decision and it is called as
Arbitral award. It can be challenged in courts on procedural grounds.
Mediation: it is a types of technique in which a neutral third party
involves and solves the dispute among disputants with negotiation techniques.
Its foremost aim is to bring disputants to an agreement; therefore, skills and
training of a mediator plays a vital role.
In arbitration, the arbitrator looks to the issue and
decide rights and wrongs to the dispute and keeps his decision whereas in
mediation, the mediator tries to settle dispute by helping both parties by
process of communication and narrowing differences and arrive to an agreed
Online dispute resolution (ODR)
It is a branch of dispute resolution which uses technology to solve the disputes
among the disputants. ODR also uses same methods as used in that is
negotiation, mediation, and arbitration. It is a clear fact to be considered
that ODR is alternative to Alternative dispute resolution ( ), ODR is
considered much easier going. One of the biggest benefits of ODR is it promotes
newly developed technology Artificial intelligence in legal industry which will
somewhere help us to reduce caseload.
Methods which are commonly used in ODR are:
In this negotiation is done through developed
technologies. In this area most of the ODR services are also called Blind
Further it involves two types automated negotiation:
- Double blind bidding:
solves single monetary disputes between 2 parties
- Visual blind bidding:
this can apply negotiations between N number of parties and issue
This concept can be said as alternative to mediation. In
mediation, the mediator with his communication skills and training bring two
parties to an agreed solution similarly in this technology evaluates the
situation and provide parties with a set of advices and solve the issue with
informality and in a user-friendly manner.
Benefits of and ODR:
In present day world as we are developing with technology especially artificial
intelligence. we always look forward in making things easier and user-friendly.
Apart from this foremost aim is time and wealth saving services. and ODR can
be considered as a perfect example to this as in India we have around 3.56 crore
pending cases, sometimes it takes more than 2-3 years to resolve issue which not
only affects the disputants but also the company, small workers, and
stakeholders. No doubt it also reduces great amount of stress on judiciary.
Many contracts contain an arbitration or clause. Which says that if any kind
of dispute occurs it will be resolved through arbitration rather than directly
going for litigation. Litigation is costly and in complex issue evidences are
collected which is time taking, in litigation sometimes company relations
destroyed, whereas through or ODR disputes are resolved peacefully and
comparatively less time taking.
And ODR in India
is not new in India it has been in existence even before the Arbitration Act
,1940. To change the shape of Indian legal system the basic traditional law i.e
Code of Civil procedure 1908 was amended and Sec 89 was introduced in Code of
Civil Procedure , Sec 89(1) allows us to solve the disputes outside the
courtroom ,Considering process of Indian judiciary which is extremely slow , so
there have been great emphasis on Alternative dispute resolution mechanisms .
If we talk about ODR it is a newly developed and newly introduced technology in
Indian legal System and it is gaining a lot of interest By general by public
after the Information technology Act 2000 , also e- commerce and e- governance
has gained formal and legal recognition in India. Because of e- commerce there
have been disputes related to online transactions , for its redressal ODR can
be considered as the best method .
It always have been the biggest aim to decrease the caseload and stress which is
handled by judiciary , keeping my point of view and ODR are Equally
important as traditional courts and tribunals are important as they are faster
and gives out much more efficient result.
It is always better to go for arbitration and mediation rather than litigation
as both of these methods solve the dispute in a peaceful manner and it also
doesn't affect lives of company workers .ODR can also be called as greatest
innovation for legal industry as reducing time per case has been biggest issue
, and ODR will be the remedy to this.