ADR is something which is worldwide acknowledged and perceived and this is the most financially savvy and productive method of dealing with and taking into account disputes when contrasted with the traditional court framework and prosecution technique. Disputants or the parties these days lean towards ADR over the customary court framework due to several pros of the alternative dispute resolution mechanism. It’s not only because it is cost effective but it is also efficient. Parties have the right to choose their forum & choose the way they want their dispute to be settled. So, we can also say that ADR is Appropriate Dispute Resolution Mechanism, since this freedom of choice can only be available over here and not under the conventional court system.
ADR has not only been given global recognition and acceptance but in Indian law as well, U/S 89 of the Civil Procedure Code, it has been stated, that the court repowers to settle matter outside the court & officially got it notified in the year 2002. So, we can understand the strength of ADR under the Indian legal system through these acceptance and recognition.
Since the whole concept of ADR is to reduce burden of the courts where the litigation is so expensive, tedious and time-taking & at times litigants get frustrated, ADR provides a better opportunity where it ensures that there is more fluency, cost effectiveness and smooth proceedings where you have the right to choose your own forum and get your dispute resolved.
ONLINE DISPUTE RESOLUTION
Online dispute resolution is an arbitration institution or in addition to that it is a technology platform which people can use based on what it is, that they want to do out of that technology. For instance, if a person only wants to use the technology offerings and don’t want to use the institutional rules it is possible. On the other hand it is also a full institution which helps in appointing arbitrator which helps you resolve the dispute through amicable means.
International arbitration has used technology for as long as we know it. That technology may have been from very rudimentary concept such as email, just sending a document by email is the form of technological embrace in ADR. Using video conferencing is another aspect of technology. Online Dispute Resolution is a spectrum which does not fix a particular definition. So, as it is a whole spectrum of it, we need to know where it is on the spectrum we want to be and what the benefits are that being on that part of spectrum wins. The way traditional arbitration has used it, which is for instance only using email as a mode of communication or only using the video conferencing on the adhoc places and limited ability. For realizing the full ability of online dispute resolution we must try and explore a much wider spectrum of where it can be used.
With the following three principles in mind let’s try and analyze if that can be achieved:
• Can we make things faster?
• Can we make things fairer?
• Can we make things more effective?
And those of the three things we need to look at, while considering and analyzing whether online dispute resolution is good, bad, ugly or whether you want to use it or not. For making things faster using technology, the obvious ways can be just the ways you can communicate instantaneously over technology. That’s why when we compare existing court systems to arbitration or at least some arbitration where technology is used in these elements we can see the time advantages.
In real life about 25% of the life cycle of any case is spend just notifying the other party dispatching documents to the other party. If we look at the civil trial in a civil court its 5 yrs. on an average is spending one and a half year just communicating with the other party and sending the other party documents. Now that is the very crucial element where technology can play a huge role.
Firstly on the notification of the parties- when we are notifying the parties we can use technological means of notifications such as emails, messages, WhatsApp chats. In addition to it physical means of delivery can also be used, but not with the same limitations that are there presently. For example using courier with an automated tracking system makes the process of notifying the other party much faster. So this is another aspect where Online Dispute Resolution bodies can go on to resolve the dispute. The next cycle of the case is- after the other party has been notified of the case, he has to make filings. This is another stage where online dispute resolution can make a huge difference and there is the advantage of both the fast element of it and accessible element of it. If there is a situation where the parties are very distantly located, then if the person has to file a petition in the Supreme court then first they have to find a local advocate of that jurisdiction who will further connect with An Advocate on record at the Supreme Court who will further take over the matter at the apex court. So, in spite of all these difficulties the easiest ways could have been the Online Dispute Resolution that would be technology based. Further, the technology over here would have helped in making the things much faster and easier as compared to the conventional court system procedure.
Online dispute resolution has embellished a very positive impact to corporate, legal professionals (Lawyers) dealing in dispute resolution, ombudsmen and regulators, and the court of law. Corporates have to deal with a lot of disputes arising out from the customers, business partners, competitors, as well as from other business entities & corporate personalities.
Corporates have to deal with problems arising from various geographical areas and dealing with them involves a lot of time, money, support and manpower, and many a times, their image is also at stake. Online Dispute Resolution enables the corporates to resolve these disputes and the problems at a faster speed and helps them with out-of-court settlement. Corporates are thus getting benefitted by avoiding expensive litigation and reputation loss by using Online Dispute Resolution.
Legal professionals handling in dispute resolution are getting reap benefits by online dispute resolution techniques as it ameliorate their effectiveness in resolving the cases, and this makes their clients happy and satisfied.
BENEFITS OF ONLINE DISPUTE RESOLUTION
• Cost effective
• Convenient and quick dispute resolution
• Removes unconscious bias
• Increased access to justice
Online Dispute Resolution holds a lot of word of honor in addressing longstanding difficulty of justice delivery. Fortunately, the realization of this honor is not a farfetched one. As has become obvious during the current COVID-19 induced crises, people are very prepared and welcoming of technology to ease their daily lives. In turn, technology has shown to be accessible and adaptive to the demands of its users. The synergy of these occurrences, in the dispute resolution ecosystem, takes the form of Online Dispute Resolution. It would therefore only follow that there has never been a better time to harness Online Dispute Resolution’s potential than now. It will now depend on the various factors and stakeholders to determine the extent to which they are willing for their lives to be truly altered.
PERSONAL VIEWS
With reference to ODR & COVID-19, the mechanism of ODR proves to be a viable situation during the said time. Already courts are over burdened with matters and disputes. Due to the COVID-19 & lockdown the burden has doubled & if the statistics has to be preferred, then during this period at times courts were closed & now each court hear on an average 60-100 matters a day only. So the matter pending can be reflected by the statistics provided.
So, the pendency was already too much & with the COVID-19 they have added to the misery of the courts. So, ODR as a dispute mechanism process would really help in lowering the burden of the court during these times. Parties should go for Arbitration, mediation or any other ODR methods that fits for their dispute resolving process, getting amicable results without having the interference of the conventional court system coming into picture.
The blessing that has come in the period of COVID-19 is the digitalization of the courts and functioning of Judiciary. At the present time, courts are functional, but they are only hearing urgent matters. Therefore, to ease the burden of Courts disputants may prefer ODR over the Conventional Court System.
