• UGI USER
  • Oct 05, 2023
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Q.  Online Dispute Resolution (ODR) can be a game-changing transformation in the justice delivery framework of India. Discuss. Also, state the challenges in its wide-scale adoption in India.

 

Approach

  • Briefly discuss the concept of Online Dispute Resolution (ODR).
  • Highlight the benefits of ODR which make it a game changer.
  • Discuss the challenges in its adoption.
  • Conclude accordingly.

Answer

Online Dispute Resolution (ODR) is the use of technology to ‘resolve’ disputes. Like Alternative Dispute Resolution (ADR), it uses negotiation, mediation and arbitration, but at the same time ODR is powered with Artificial Intelligence or Machine Learning (AI/ML) in the form of automated dispute resolution, script-based solution and curated platforms that cater to specific categories of disputes.

The integration of ICT into dispute resolution processes provides an immense potential to overcome the challenges associated with the Courts and ADR systems in the following ways

  • Cost effective: The economic burden of dispute resolution often turns the process itself into punishment and thereby hinders access to justice. ODR has the potential to reduce legal costs, by way of reduced time for resolution and by doing away with the need for legal advice in select categories of cases.
  • Customizable, Convenient, and Quick: As per the India Justice Report, 2020, nearly 1 in 4 cases in the subordinate courts have been pending for over 5 years due to excessive adjournments, vacancy in judicial and administrative staff, etc.
  • ODR makes the system quick by eliminating physical requirements, synchronization of schedules and customized processes based on AI/ML for certain classes of cases, making the dispute resolution process more cost-effective and convenient for the user.
  • Limits implicit bias caused by human judgment: Decision-making processes and outcomes may be impacted because of existing biases, prejudice, and stereotypes. ODR can lessen such unconscious bias, especially in ‘documents only’ cases as they detach audio-visual cues relating to gender, social status, ethnicity, race, etc. and make the process neutral.
  • Makes dispute resolution accessible: ODR can encourage more parties to opt to resolve their disputes by addressing major concerns such as lack of access to physical courts or ADR centers, cost of dispute resolution as well as the barriers due to disabilities.

Challenges in the widespread adoption of ODR in India

  • Structural challenges: Lack of digital infrastructure, persisting digital divide and low digital literacy can hamper the potential of ODR.
  • Behavioral challenges: A lot of people in the country do not trust the emerging technologies, which is a major challenge in widespread adoption of ODR in India.

Operational challenges 

  • Privacy and confidentiality concerns: Such as online impersonation, breach of confidentiality by the circulation of documents and data shared during ODR processes, tampering of digital evidence, or digitally delivered awards/ agreements.
  • Availability of Neutrals: The adoption of ODR will likely generate a huge demand for Neutrals who are comfortable with technology and trained to effectively guide the parties through the ODR process.
  • Archaic Legal Processes: For instance, there are no provisions for online notarization of documents in India. Further, there is a challenge of existing uncertainty regarding the enforcement of ODR outcomes.

To overcome these, several government initiatives such as Digital India, National Broadband Mission, e-courts Mission Mode Project, and Pradhan Mantri Gramin Digital Saksharta Abhiyan (PMGDISHA) have been undertaken, which would a long way in strengthening the ODR mechanism in India.