Tech-Driven Justice: Unraveling The Dynamics Of Online Dispute Resolution

As we know, in the past, resolving disputes was usually done in the courtroom, where the party had to be present specifically in the courtroom. The pandemic of COVID-19 has pushed us to make changes. This does not mean that we are not in the way of developing our justice system with technology, but COVID-19 has pushed and pressured us to proliferate. So, during COVID-19, courts and dispute resolution centres have been using video calls for hearings.^[2]

1) Revolutionizing Indian Justice: The ODR paradigm:

In India, courts are using technology to improve the Indian court dispute resolution problem system. The Indian government has launched the “E-Courts Mission Mode Project” in the system for the computerization of district and subordinate courts with the aim of improving access to justice using technology, which is one of the parts^[3]. However, as our constitution promises, we need to improve the system so everyone can easily access justice. The government(committees) is working on a new system that solves the problem before going to court.

Especially during the pandemic, the Courts are sifted online from offline by using technology. Courts are hearing cases virtually, and the traditional way of hearing cases in crowded courtrooms has changed. This technology is not only for courts: even the Lok Adalat has become E-Lok Adalat online.^[4] This way of using technology makes it easier to resolve disputes, makes it easier to access court, and cheaper.

Looking ahead, there could be even helpful and advanced technologies to help people access justice. This article talks about one such new way called online dispute resolution. There is no need to be physically present in court of dispute resolution.

2) Transforming Dispute Resolution in India:

In light of the pandemic, revitalizing the economy requires fostering trust, confidence, and efficiency and looking forward to new and creative ways to prevent, handle, and solve problems together quickly. This article mainly talks about using online dispute resolution (ODR) and how the ODR can be seen to make processes better and more efficient.

The development and efficiency of ODR rely heavily on the involvement of diverse stakeholders working together. The motive for building this framework collaboratively is essential. The government has taken steps to adopt alternative dispute resolution (ADR) in some departments and ministries.^[5] At the same time, the private sector has witnessed innovation through legal tech start-ups, contributing to fair and ultimate out-of-court settlements for various disputes. This marks a remarkable milestone in reshaping how disputes are resolved, impacting the quality of life for individuals and the business environment for industries.

Despite these advancements, there was still a need for improvement to make dispute resolution more effective. Information technology, including artificial intelligence (AI), big data, machine learning (ML), and blockchain, can be more connected to legal processes. Litigants now have great opportunities for greater choice and agency with AL/ML leg document automation, analysis, drafting, workflow, and case management automation to help litigants with their work and save time.^[6]

An important example of technology's capability is blockchain-driven arbitration processes for smart contracts, which help save time.^[7] Smart contracts, drafted through computer code, can use technology to automatically enforceability by transferring rights and obligations. This recommends that blockchain arbitration can administer resolution based on smart contracts created based on blockchain. A smart contract is a self-executing program that commands the required action needed in an agreement or contract. Once completed, it is traceable and irreversible. At the same time, blockchain technology is considered the foundation of Bitcoin.^[8]

Online Dispute Resolution

Online dispute resolution (ODR) is a concept that primarily involves using information and communication technology (ICT) tools to simplify the resolution of disputes without being physically present for the dispute resolution.^[9] Communication technologies in ODR range from basic telephones to advanced audio-visual tools, smart devices, LED screens, spreadsheets, emails, and messaging applications.

In its initial phase, ODR is common with principles of alternative dispute resolution (ADR) mechanisms such as negotiation, mediation, and arbitration.^[10] Early ODR efforts have often mirrored ADR things in processes such as utilizing simple ICT tools in an aggregated manner.

As now, ODR progresses to a more advanced stage, it has transformed into a dynamic process that goes beyond the electronic alternative dispute resolution (E-ADR). At this stage, ODR can function as a fourth system party, employing algorithmic integration with advanced tools such as intelligent decision support systems, smart negotiation tools, automated resolution, and machine learning.

This kind of advanced level of ODR also introduces the concept of multi-door dispute resolution, offering customized processes designed to achieve an ideal dispute resolution for specific parties and their unique disputes. The impact of ODR on the dispute resolution ecosystem extends beyond resolving disputes. ODR is positioned as a broader comprehensive system for access to justice.^[11]

Covering Various Kinds Of Stages In The Life Of Cycle Of Disputes.

1) Legal Health Promotion:

ODR plays a crucial role in promoting legal health by increasing knowledge of legislation, rights, duties, and available remedies. Overall, ODR can contribute to a society based on the 'rule of law. For instance, in the European Union, merchants have a mandatory duty to inform consumers about the option of using ODR.^[12] Tools can also allow the parties to input questions and receive answers regarding their right and remedies, contributing to developing more rules of law based on society.

2)Disputes Avoidance:

ODR tools help people by data-driven “from the rule of law” and empower citizens to make informed choices based on an understanding of the strengths and weaknesses of the legal position. Through critical analysis of thousands of disputes, ODR can identify the main stages where disputes are likely to have come, which enables parties to be ready before addressing the problem. If their rights are agitated, ODR can help parties anticipate a case's possible outcome.

3)Disputes Containment:

At a primary level, ODR facilitates informal and particle containment of disputes of disputes before they escalate to court systems. The digital layer added to the ADR process, such as mediation and arbitration, enhances efficiency. Mandate pre-litigation ODR for specific cases, such as e-commerce claims and small cause claims, can resolve issues before reducing the burden for a particular jurisdiction court caseload.^[13]

ODR Is Characterized By Certain Features.

1) essential ICT tools:

Online dispute resolution (ODR) needs to use advanced digital tools to resolve disputes. Just informed through sending email or sharing online document files that it is not to be called ODR. There is a need for verbal communication both (spoken and unspoken) by using information and communication tools (ICT) or ODR platforms. If that happens, then it will fall under the category of ODR.^[14]

2) Distinct from Virtual Court:

ODR is different from virtual courts as it involves ICT tools different from those used in the court system. However, ODR can be used at various steps of a case's life cycle, both before and after court involvement.

3) Informed by Traditional Processes:

ODR, including various kinds of processes like e-arbitration and e-mediation, incorporates processes informed by traditional methods, intending to improve them with technology. Pre-existing formal ways of dispute resolution outside the court system are considered ODR if they meet the specified ICT integration requirements.

Origin Of ODR.

1. FIRST PHASE: EBAY'S EXPERIMENT SHOWS THE WAY:

The University of Massachusetts and the University of Maryland in 1996 initiated the first online disputes (ODR) project. In the late 1990s, there was an increase in internet and e-commerce users, and there was a need for a platform to handle the emerging problem.

Around that time, some new e-commerce players come into ODR to solve the problem between the seller and buyer. In just two weeks, this project successfully solved two hundred disputes. This is a huge achievement for online dispute resolution (ODR). eBAY like this incorporated disputed resolution as the buyer and seller have the option for the unsuccessful transaction to resolve their dispute. For the first time, eBay got support from a start-up called SquareTrade. After a few years, eBay managed the process itself. A few years later, in 2010, eBay handled a disputed 60 million per year by using the ODR platform^[15]

2)SECOND PHASE: GROWTH OF ODR START-UPS:

In the second phase of online dispute resolution (ODR), the success of ODR and the increased growth of the Internet suddenly raised the ODR platform. Twenty-one new ODR programs were launched in 1999, up from just 9 the previous year. By 2004, this number had grown to 115. In the development of ODR, even big organizations like Internet corporations are involved, such as the Internet Corporation for Assigned Names and Numbers (ICANN). They resolve disputes in the matter of domain names; they start offline but move online, but many of the startups cannot survive in these domains; a few are doing well, such as Cybersettle, Smartsettle, and the Mediation Room. These are impactful in dispute resolution.

Cybersettle works differently from eBay's. It is not just solving disputes. Cybersettle creates a network of special internet tools that communicate and enable negotiations through a blind process. This means you can settle a dispute from the system without telling the other person the highest amount they can agree on.

3) THIRD PHASE: ADOPTION BY THE GOVERNMENT AND JUDICIARY:

The success of a few of these private platforms captured the government's interest in this emerging addition to the dispute resolution ecosystem. One of the steps taken in the city of New York is adopting an ODR system developed by Cybersettle to clear their backlog and expedite the settlement of personal injury claims. This resulted in a reduction of settlement time by 85 percent and an impressive 66 percent settlement rate within 30 days of submission of the disputes.^[16]

Later, governments worldwide increasingly adopted the ODR programs for online dispute resolution programs using the internet and technology for efficient conflict resolution. Initiatives like Brazil's consumidor.gov and the EU's Online Dispute resolution platform highlight the shift towards resolving consumer disputes online. ODR makes the dispute process easy by overcoming geographical barriers and reducing time and cost. While the system works great, there are some problems related to data security and enforceability. In essence, ODR represents a Progressive approach to an accessible and inclusive justice system in the digital world.^[17]

To see the efficiency of ODR, some governments have also undertaken initiatives to include ODR in their judicial system. Some of the most famous court-annexed ODR include Rechtwijzer 2.0 in the Netherlands, civil resolution tribunal in British Columbia, Canada, money claims online in the United Kingdom, and the New Mexico court online disputes resolution centre in the USA.

Benefits Of ODR.

The integration of ICT into dispute-resolution processes gives high efficiency and potential to face the problems typically associated with courts and those related to the ADR system. Some of the key benefits of ODR, jurisdiction which is already felt, are indicated below:

1) Cost-effective:

As we know, court dispute resolution costs are very high. It can be financially draining, and the entire process looks like a burden and something like punishment. Online dispute resolution (ODR) comes as a pocket-friendly alternative for both parties. ODR, by its very form, excludes the need for travel or renting facilities for dispute resolution. Additionally, it has the ability to cut down legal expenses by reducing the time.

Apart from their tangible cost, enterprises often face other indirect costs due to lengthy litigation proceedings. Because of this, the enterprise lost its productive time, lost investor confidence, and reduced investment.

While ODR cannot completely remedy all these impacts, it can mitigate them and, therefore, prove to be cost-effective.^[18]

2) Convenient and Quick:

In India, the legal system has a big problem of case pendency that takes a long time to solve. Like many district courts and tribunals, the case remains unsolved for an average of 5 years or more.

Online dispute resolution (ODR) and alternative dispute resolution (ADR) offer a faster way to solve cases and simplify the way of resolving disputes. Alternative dispute resolution (ADR) has more straightforward procedures and fixed timelines, making it more effective. ODR added to these by excluding the traveling and inconvenience for time schedules. An ODR allows parties, even those not present online communication simultaneously, to submit their arguments whenever possible. Their schedule-related problems are solved helpful when disputes between people from different places.

This is helpful for people in businesses like e-commerce because it gives a single platform for consumers to resolve their disputes quickly and easily without any physical presence. It is suitable for resolving disputes across borders.^[19]

3) Customizable Processes:

ADR has advanced, introducing various kinds of variants, such as med-arb and arb-med-arb. ODRs did not use the traditional method, and the use of the artificial method can lead to limitless possibilities in terms of the types of models that can be developed. This allows for Organized and customized dispute resolution processes, making them more cost-effective and beneficial for a specific case.^[20]

4) Encourages Disputes Resolution:

ODR handles significant problems such as limited access to physical court, high cost and barriers due to disabilities. Tools like online negotiation and mediation central to ODR promote mutually agreeable resolutions. ODR helps conduct dispute resolution from the parties' homes, making them more accessible, improving the overall experience and encouraging parties to opt for formal resolution apart from informal resolution.^[21]

5) Limits Implicit Bias:

Bias means, in the judiciary, the judge passes an order in the inclination toward one party over the other due to being friends with the party by using audio-visual cues and ODR platforms, particularly text-based ones, that can reduce unconscious biases in resolving disputes. ODR works online, reducing bias because the processes are clear to everyone.^[22]

The Step Taken By Government

1) Introduce E-Committee:

In 2005, the Supreme Court established an E-committee to plan the implementation of information and communication technology in the judiciary. ODR progress was slow until the COVID-19 pandemic hit; after that, the judiciary prioritized the development of ODR. ^[23]

2) Open Centre for OCMC:

In the ODR, little progress was shown after 2006 as government ministries and departments took few significant steps to push for ODR integration into the system, like opening the online consumer mediation centre (OCMC) by the Ministry of Consumer Affairs at the National Law School of India University, Bengaluru in 2016.^[24]

3)Launched samadhaan portal:

The SAMADHAAN portal's launch to resolve payment dispute delays includes micro and small enterprises in the Ministry of MSME IN 2018. That can solve the delay problem, save time, and make it cost-effective.^[25]

4) Introduce Digital India Campaign:

In 2015, the Indian government launched the Digital India campaign to cover sectors like education, tourism and travel, banking, and finance, which got digitalized sooner. The digital world bypasses the geographical world problem and connects in a manner that was impossible before.^[26]

5)Launched E-ADR:

In 2019, E-Alternate dispute resolution (E-ADR) was launched together with the help of legal experts and social and business leaders. The objective of this innovation is to enter the field of law and build an ADR platform that can resolve disputes with the help of advanced technology. The enterprise works for an igniting agent and has started building an IDR start-up Ecosystem throughout the country.^[27]

6)Launched vivaad se vishwas:

In February 2020, India's government launched the VIVAAD SE VISHWAS scheme to resolve tax disputes efficiently through ODR. It speedily resolves disputes through ODR. During COVID-19, the judiciary system was already stuck down with the burden of pending cases, and COVID-19 restrictions worsened the situation even further, but the ODRs showed effectiveness during covid 19.^[28]

7) NITI AAYOG policy plan:

After the Supreme Court established an e-committee, NITI AAYOG pushed for launching the plan for 'The ODR policy plan for India' in 2021, and other government institutions such as the Reserve Bank of India (RBI), security and Exchange Board of India (SEBI) also support in the use of ODR disputes resolution system.

In June 2020. under the chairmanship of a high-level committee of ODR IN NITI Aayog Justice (Retd), A K Sakri was appointed to develop the online dispute resolution. Justice (Retd) A K Sakri make the report in the ODR (DESIGNING THE FUTURE OF DISPUTES RESOLUTION 'THE ODR POLICY PLAN FOR INDIA')^[29]

The article talks briefly about the action plan to include ODR in the Indian judicial system in a phased manner. At the same time, we are underlining the possibility of data-driven development playing a significant role in promoting legal hearth, dispute containment, and dispute avoidance in the country.

Many recommendations of the report include the ODR framework in government in the government department and ministries, security, and exchange board of India is now in the process of using the ODR mechanism to save, cost and speedy redressal mechanism and get convenient modes of redressal to parties of a dispute. The effective use of ODR can help the Security and Exchange Board of India to reform the market infrastructure institution (MII) administered disputed resolving mechanism. Currently, many countries accept the concept of ODR, and In India, few government bodies have adopted ODR for their dispute resolution.

Currently, many online dispute resolution start-ups bring professionals, businesses, and customers to a single platform for resolving their disputes faster and more efficiently. India is the 5^th largest economy globally and has the largest youngster population. Offer hassle-free ways to resolve disputes. For the youth with fast-paced lives, allowing them to remain problem-free, ODR gives them speedy and facilitated online and automated ways to help them live peaceful lives.

Currently, Online Dispute Resolution (ODR) is in its early stages in India, and it will take time to make it more efficient. ODR has the potential during the pandemic to give way to resolving disputes. The future of ODR takes time to improve the justice system, but there's a hopeful outlook for its future. This approach is mutually beneficial for both parties seeking resolution and dispute resolution professionals, while this decreases the load of the Indian judiciary.

Status Of ODR In India

Online dispute resolution has the potential to make a change in the justice system. In the last two decades, the ODR has witnessed growth but still needs improvement to rely on it fully. In India, just the beginning stage of ODR development, the judiciary, government, and private sector are integrated at all three levels. Few significant and key developments have been made during the pandemic (COVID-19). Advancements in technology play a crucial role in improving the landscape of ODR. Integrating artificial intelligence (AI) and machine learning algorithms enhances the efficiency of dispute resolution by automating a few steps of the process.

The present section is on ODR in India and where we are now regarding integrating technology into our dispute resolution system. Examines the government's preparedness to incorporate ODR, the legislative position vis-à-vis ODR, acceptance of ODR by the judiciary, and innovation in the private sector.

Status Of ODR In Government Department And Ministries

ODR Includes Government Departments and Ministries:

In recent years, ministries and departments have recognized the potential of ODR and launched programs that help resolve disputes in efficient ways and less time-consuming, which sector regulated by them. ^[30]

A) Steps taken by the Department of Consumer Affairs:

The Department of Consumer Affairs has taken vital steps to improve welfare and streamline the redressal of consumer grievances. First, one step was establishing a consumer helpline number (NCH) IN 2005. Establishing a helpline number plays a vital role in providing crucial information for consumers and promoting consumer welfare.^[31] In August 2016, the Department of Consumer Affairs extended this service. It launched an integrated consumer grievance redressal mechanism (INGRAM), which offers a direct way for consumers to address their complaints, including companies that have voluntarily partnered with the National Consumer Helpline. After that, the department launched the “consumer app.” This app helps in submitting complaints easily. The Consumer Protection (E-commerce) Rules,2020 Strengthening this step taken with the NCH is a great effort' for promoting a consumer-helping approach in the digital world marketplace.

The Consumer Protection Act 2019 plays a crucial role in consumer rights legislation. Eventually, the department will improve and integrate information and communication technology (ICT) into the Consumer Disputes Redressal Commission. The improvement of the E-daakhil portal stands out as a crucial step in facilitating e-filling for consumers. This step simplifies the way of filling E-complain and consumer dispute resolution processes.

B) Security and Exchange Board of India (SEBI):

On 4th August 2023, SEBI clarified the framework for the online resolution of disputes in the Indian securities market. The investor will first have to file a complaint with the market participant by lodging a complaint directly with the concerned market participants and go for the same with the regulator's SCORES portal. If it remains unsolved, then investors turn to online dispute resolution (ODR). Further, SEBI said that dispute resolution through the ODR portal can be initiated if the complaint is not under consideration by the market participants and the SCORES platform and not pending in any courts, tribunal, or consumer forum, nor involved in liquidation or winding up proceeding against the market participant.^[32]

C) Department of Justice:

Department of Justice takes steps on the use of ODR to address disputes involving government bodies by releasing ODR platforms and urging government departments to resolve their disputes online.^[33]

D) Draft National E-commerce policy:

In February 2019, the Department of Promotion of Industry and Internal Trade (DPIIT) released the draft national e-commerce policy. The aim is to suggest using an electronic grievance redressal system, including electronic compensation for disputes arising from e-commerce. The draft policy focuses on a clear regulatory framework, making business operations easier. The policy mainly focuses on using modern technologies, integrating the supply chain, and boosting exports with e-commerce. ^[34]

E) RBI step on Digital Payment:

Governor Shaktikanta Das of the Reserve Bank of India (RBI)'s on 6th august introduced an online dispute resolution (ODR) mechanism for digital payment. The Monetary Policy Committee (MPC) said that retail payment in offline mode using cards and mobile devices and a system of an online dispute resolution (ODR) mechanism for digital payment will also be introduced. There is a concomitant increase in the number of disputes and grievances as digital transactions have significantly increased. To address the problem simply, it's essential to use technology-driven solutions that follow clear rules, maintain transparency, and require minimal or human intervention.^[35]

F. National Payments Corporation of India (NPCI) step towards ODR:

On 6 August 2020, the National Payment Corporation of India directed all the payment system operators (PSPs) to implement an ODR system for disputes and grievances related to failing transactions in their respective payment systems by 1^st January 2021. Implementing such a system will benefit and protect consumers and help increase users' trust in the UPI ecosystem.^[36]

Present Statue Of ODR In Judiciary

Currently, the judiciary in India promotes the ODR model for dispute resolution and plays a crucial role in promoting ODR. With the help of information and communication technology (ICT) in judicial processes used to resolve disputes, the judiciary provides a supportive framework for ODR. Senior judges appreciate the benefits of ODR's significant contribution to our dispute resolution ecosystem. Information and communication technology in the judiciary

A. E-courts Mission Mode Project:

The judiciary's journey in integrating ICT tools started in 1990, with digitalization by the national information centre. In 2005, significant efforts were made to integrate ICT at all levels of the judiciary, whether lower or higher, leading to the eCourts mode project. This project works on achieving the aim of enhancing justice delivery through increased reliance on ICT tools.^[37]

Over a few years, the eCourt project has successfully applied technology infrastructure and standardized software in district courts nationwide. Many of the significant important things were the archive establishment of the eCourt website, the creation of the National Judicial Data Grid (NJDG) and the introduction of a unified case information system (CIS). The advancement of technology in judicial processes offers litigant-centric services such as electronic cause lists, e-filing, e-payment, and easy access to case status and daily orders.

This project was also impacted by the allocation of funds for ICT integration in the District Legal Services Authority (DLSA) and Taluk Legal Service Committees (TLSA). Using a case information system (CIS) for Lok adalats and mediation signifies the use of technology to streamline and organize information related to cases. This digital approach increases the efficiency and transparency of alternative dispute resolution processes, making them more accessible and helping with accountability.

B) E-filing of Cases:

The “eCourt mission mode” project introduced an eFiling portal for district and high courts, successfully working in various high courts with many cases filed. As they need to improve, in May 2020, the Supreme Court issued a directive that enabled Advocates on record to file cases online, similarly including various high courts giving the same direction to facilitate online filing, particularly during the COVID-19 pandemic.^[38]

C. Electronic Signature:

Adopting electronic signatures is a significant step in the digital transformation of the legal landscape. Electronic signature addresses the practical challenge associated with hardware taken, making the eSignature process more accessible and efficient.^[39]

D. Integration of Artificial Intelligence:

Supreme Court, with the help of artificial intelligence (AI), developed Supreme Court Vidhik Anuvaad Software (SUVAS), which translates English judicial document judgments or orders into 10 vernacular languages which include Hindi, Kannada, Tamil, Telugu, Punjabi, Marathi, Gujarati, Malayalam, and vice -versa according to the Union Minister of Law and Justice Arjun Ram Meghwal. ^[40]

The Private Sector Shows Interest In ODR.

The private sector is ready to adopt Online dispute resolution (ODR), with their startup offering ODR service, traditional dispute resolution centers adapting the ODR too, also expect to prefer to use technology tools, and businesses are including ODR for their dispute resolution to acknowledge this shows that people in business understand that ODR can have the potential to improve the old way of settling disputes efficiently.^[41]

In recent years, the Indian e-commerce market has witnessed rapid growth. According to the statistics published by the London-based data and analytics company Global Data, India's e-commerce sales will reach $120.1 billion by 2025, growing by 18% annually from 2021 onwards, data released by the Department of Consumer Affairs (DCA) increase the number of disputes by 22% of the consumer grievances in India were related to the e-commerce sector. Snapdeal believes that in a progressive ecosystem, disputes can be resolved quickly and simply. snapdeal uses online dispute resolution for disputes (ODR) to make resolution tech-enabled, easy, and fast.^[42]

Currently, businesses are increasingly using online dispute resolution (ODR) not just through external service providers but also to set up their own systems. Not only small business groups but also significant groups like the Confederation of Indian Industries (CII) will support the idea and suggest that improvement in alternative dispute resolution (ADR) and digitalizing the legal process to make India more legal process help India to become more smoothly run business in India. The shipment towards ODR is for a faster resolution because the traditional legal system has too much delay in resolving disputes. It's crucial to find the balance between encouraging growth and innovation in the private sector while keeping in mind data protection, privacy, and confidentiality, which are a few things we must be concerned about.^[43]

Currently, in India few startups have been started in the field of online dispute resolution (ODR) to resolve disputes more easily accessible, efficiently and cost-effective, such as:-

1) CADRE: Provides an easy-to-use online arbitration platform for resolving social and commercial disputes. It aims to be transparent, cost-effective, and resolve problems in a reasonable time.

2) SAMA: SAMA does not provide just one service. It gives you three services on one platform: online mediation, online arbitration, and online Lok Adalat. It focuses on offering services collectively in one platform, providing a fully online service that is accessible to all.

3) CENTRE FOR ONLINE DISPUTE RESOLUTION (CODR): With the help of technology, it aims to make arbitration and mediation more accessible and affordable. CODR provides a secure platform mainly designed for online arbitration and mediation.

4) PRESOLV360: Presolv360 tries to give a more secure platform by end-to-end cloud platform for dispute initiation to resolution, make process automation, connect multiple channels with customers and provide a consistent experience (omni channel communication), and certified compliance. The main aim is to save cost time and make revenue.

4) WEVAAD: WeVaad provides a digital platform for individuals and businesses to resolve their legal disputes, such as property disputes, recovery of money, cheque bounce cases, family disputes, and divorce cases.

5) JUPITICE: Jupitice provides a comprehensive digital platform for alternative commercial dispute resolution to resolve dispute online. its covering e-commerce, B2B,B2C and cross border disputes.

6) JUSTACT: JustAct is an ODR platform made by lawyers and professionals to resolve disputes out of court through negotiation, mediation, and arbitration.

Challenges Faces For Including ODR In The System

The integration of ODR is not just about the advancement of the judiciary. It also comes with challenges and problems, such as reliable technology tools, digital infrastructure, party willingness, lawyers and judiciary cooperation, and government support.

Digital Infrastructure:

If we want to use ODR effectively, we need technology across the country, which means people should have access to the digital world, such as computers, smartphones, and strong internet without disturbance. Sadly, not every person has easy access to these digital tools.^[44]

To improve this, the government must work on our digital infrastructure. The government aims to strengthen the communication system and give reliable internet access by starting a digital communication policy in 2018. This goal is to make sure every village has broadband access by 2022.

Digital literacy:

It is not only about having better digital infrastructure everywhere. People know how to use it. In India, how people know about and use digital tools can be vary based on the place where they live, their age, their education, etc.

The government must decrease this digital gap to make the ODR system helpful for everyone. This means launching a program to bring the internet to rural places and ensuring everyone knows about that and basic skills. A program like Pradhan Mantri Gramin Digital Sakharta Abhiyaan ([PMGDISHA) is essential for rural areas to develop the skills and access they need for justice through ODR.

Lack of trust in ODR service:

Many people are afraid to use Online dispute resolution (ODR) services because they do not have complete knowledge about ODR. Some doubt the technology itself; others have questions about whether the outcome that came from ODR can be enforced, especially regarding the effectiveness without personal interaction or use of new technology and concerns about data security.

Privacy concern:

The use of technology decreases face-to-face interaction in dispute resolution, bringing concerns about privacy and confidentiality challenges. Concerns include online fraud, unauthorized sharing of documents and data, and the chance of tampering with digital evidence.

To resolve this, the ODR service provider must prioritize data storage and framework management. Implementation of security measures such as digital signature and document encryption is essential.

Recommendation

As we know, online dispute resolution (ODR) has the great potential to change the dimension of the justice system by delivering fast judgment without biased decisions, eliminating travel, and being affordable; ODR integrates with artificial intelligence that enhances the capability of ODR. There are a few things that can make online dispute resolution more capable and efficient, which we talk about below.

Development of Digital Infrastructure:

The government must increase the digital infrastructure in urban and rural areas. Digital infrastructure is a significant step in the development of online dispute resolution. The government has already initiated the development of digital infrastructure, such as the Bharat Net program, which aims to provide broadband connection to rural areas around 2.5 lakh gram panchayat. The approval by the union cabinet was already taken in 2011. This was executed by Bharat Broadband Network Limited (BBNL)

As the current statutes said, on 15 January 2024, a 210100-gram panchayat was connected, which laid 677546 km of optical fiber (OFC) and 835754 fiber cable connected home to home and installed 104675 Wi-Fi hotspots. The project aims to improve e-health, e-education, and e-governance.^[45]

Improvement in Digital Education:

Developing the digital infrastructure is not efficient digital knowledge for knowing what ODR is, how it works, and how these benefits them. Digital knowledge is essential for developing online dispute resolution (ODR).

For that, the government has taken steps to develop digital literacy start programs such as Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA) by The Ministry Of Electronics and Information Technology to aim to make digital literate rural population around three crores but make only 57 lakhs.^[46]

Collaborate with the private sector to resolve the uprising case during covid 19:

Government Collaboration with the Private Sector These steps help in pandemics like covid 19 to solve cases such as non-payment of wages, job termination, tenancy issues, consumer disputes, commercial conflicts, family disputes, custody, divorce, domestic violence, and many problems like this. The government can address the issues by introducing an ODR scheme like

A) launched a dispute resolution system for cases in which they can resolve cases with the help of negotiation, mediation, and arbitration within a specific time limit

B) create a legal help desk available 24*7 for commercial and employment disputes. This platform can give details and educate about the rights regarding the issue.

C) try to reduce legal costs for the people who cannot afford the cost. That helps them to resolve their problems formally.

Build trust and spread knowledge about ODR:

To spread knowledge about ODR and build trust in ODR, effort is needed from the government, ODR institutions, lawyers, ODR platforms, and the judiciary. The government initiates steps by recognizing ADR and ODR service providers and providing clean information about their services.

A) The government is a significant contributor to this system. The government makes certain mandates, like some specific cases that must go from the ODR before going to court, which can help decrease the court workload.

B) The government has to run an awareness campaign in urban and rural areas about ODR processes and platforms by using media platforms, government websites, and social media to enhance the knowledge about the service provided by online dispute resolution and highlight the benefits.

Online Dispute Resolution (ODR) provides solutions to the problems faced in the traditional legal system in India to improve the Indian legal system by offering faster, more efficient, and more accessible mechanisms for resolving disputes. Technology integration shows positive results, and the future looks bright with continued advancement and adoption.

By providing a digital platform, ODR enables parties to engage in dispute resolution processes without the need for a physical presence, reducing travel costs and time. ODR platform can provide quicker resolution through streamlined procedures and real-time communication and reduce the burden on courts; one of the significant advantages of ODR is its cost-effectiveness, thereby reducing the financial burden on individuals and businesses.

The Indian government has recognized the potential of ODR and made several steps to promote its adoption. This step aims to modernize the legal system, improve efficiency, and make justice more accessible to all citizens. The private sector has played a significant role in developing ODR in India. Many startups and established companies are developing innovative ODR platforms that handle various disputes. These platforms use advanced technologies such as artificial intelligence and blockchain to enhance the accuracy, security, and transparency of dispute resolution processes.

While development has been made to improve online dispute resolution, there were a few areas where the government has to make an effort to improve, such as digital infrastructure, education, and trust in ODR processes, which are essential. With continued innovation and collaboration, ODR can potentially reshape dispute resolution in India.

Views are personal.