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The future of Alternative Dispute Resolution: Online Dispute Resolution
The future of Alternative Dispute Resolution: Online Dispute Resolution
- INTRODUCTION
The right of ‘access to justice’ stands meaningless if an individual merely do acquire such right without any mechanism for the exoneration of the same. Clogging in courts, need of ample manpower and the assets and the subsequent procedural postponement at every step of the hierarchy of the court are some of the foremost factors which are below par the formal legal system of the conventional court room litigation. On the other hand, the globalization of market and the complexities of present commercial operation stipulate quick and efficient mechanism for the speedy rectify of the connected disputes. To cope up with the overwhelming confront of arrears, the exercise of confidential and comfortable dispute resolution mechanism which is known as Alternative Dispute Resolution (ADR) hails as one of the most imperative attributes to the said exploration of various reforms. Within the stretches of ADR mechanism enhanced and speedy conduct are being developed to settle disputes at every ticking of the clock. One such approach making its acceleration in the world of dispute resolution it the highly developed and technical method of Online Dispute Resolution (ODR). From gadgets to artificial intelligence technology is reaching for progressive ways of communication and as disputes arises in course of these exchanges what can be an improved way of resolving them than using a diverse algorithm, a diverse view of the similar technology.
- ONLINE DISPUTE RESOLUTION (ODR)
Online Dispute Resolution mechanism is a contemporary day ADR technique which uses internet to determine disagreements flanked by two parties. No legislation defines ODR in any detailed provisions it is only understood as a technique which channelize dispute settlement in cyberspace. Online Dispute Resolution means that utilizing information technology to carry out alternative dispute resolution.
In its commencement it was only measured as a intermediate for solving virtually originated disputes but now ODR is used in case of traditional offline disputes also.
- REASONS WHY ODR IS NEEDED
There stands no doubt as to the inevitability of ODR. The ODR mechanism promises to facilitate ADR to become more competent, quicker, and less expensive. Specified the reasonably priced technological communications profusely accessible, it is assured that ODR would be the chosen means for dispute resolution even when both the parties inhabitant of the same city. This is so because in most metropolitan cities, due to the traffic throughout peak hours, it takes an average of an hour and a half to get into the heart of the city. Taking into consideration that it could take an identical amount of time to get back, a party would be well off attending the said meeting via video-conference so that he saves that extra 50% time that he would have spent in traffic. Besides, his occurrence may not be compulsory for all the time in which case he can suitably log off. A party even saves on legal costs as lawyers, and particularly counsels, charge by the hour and therefore they could be occupied for a shorter duration if the proceedings are conducted online. And if the unbiased or the other party is in a different city, this would save also the cost of transport and accommodations. The further benefit of conducting proceedings online is that this affords the parties to appoint the services of experts in any field who, due to their various other commitments, would not be accessible thanks to the time-consuming efforts of attending an off-line summit.
4. Modes of Online Development of ODR
Assisted Negotiation
In this the parties present their blind bids to the ODR proposal, as being submitted blindly it is measured to be a fair resolution to attain an agreement. In this case, if one figure coincides with the amounts introduced by the added party, the ODR proposal informs the other party that an agreement can be reached on such an amount. In this case, the software provides the technical aid.
Online Mediation
In this the third person act as a mediator, in this the parties propose to their dispute and the mediator communicates with them through emails, or through confidential chats or through cyber conferencing. The mediator provides them with a way out. Their services also offer phone support. Nevertheless, if the dispute affects a hefty number of people then the third party is referred to as facilitator. The responsibility of facilitator is to make sure that all the parties have the possibility to keep their views and opinions and then a solution is determined upon which is satisfying by all the parties.
The ODR has full-fledged up significantly and is providing all the ADR facilities online, so that a person can determine his dispute by sitting at their home. It is plateful the clients to trust the e-commerce dealing and give free rein into it and the disputes which are being shaped through e-commerce method are also being resolved online. This is the new segment of legal framework in the world where the disputes are being determined online and unconventional means not through litigation.
- Introduction
- Definition
- Modes
