The ongoing global pandemic has led to an unprecedented shift in how we operate across various sectors, including the justice system. The disruptions caused by the pandemic, along with existing delays and an overwhelming number of cases, have brought attention to the limitations of traditional dispute resolution methods. While the Supreme Court has allowed online hearings, it has become evident that the justice system remains burdened with backlogs. This situation calls for a more efficient, flexible solution, one of which is Online Dispute Resolution (ODR).
ODR is a digital approach to resolving disputes outside of the traditional courtroom setting. It blends technology with alternative dispute resolution (ADR) mechanisms, allowing parties to settle disputes via the internet. While the dispute itself is initiated online, it often involves offline solutions or interventions. ODR offers a fast, transparent, and accessible way to address disputes, especially for individuals and businesses handling large volumes of cases, whether they involve small or substantial amounts.
In the past five years, the surge in online transactions in India has made ODR an increasingly relevant solution. As businesses and consumers rely more on digital platforms, ODR provides an efficient mechanism for resolving disputes arising from these transactions. The integration of ODR allows for faster, more equitable dispute resolution, ultimately benefiting both businesses and individuals.
ODR operates similarly to ADR in that it leverages negotiation, mediation, and arbitration to resolve conflicts. It uses technology to facilitate communication and resolution, offering two main types: synchronous and asynchronous ODR. Synchronous ODR involves real-time communication between parties using video-conferencing tools, while asynchronous ODR occurs through channels such as email, with no immediate interaction required.
Typically, the process of online mediation begins with an initial email or phone call to the parties involved, providing basic information about the dispute resolution process. The process then continues through virtual meetings. The flexibility of ODR methods allows for customization to suit the specific needs of the parties involved, making it a versatile and efficient solution.
In recent years, ODR platforms have played a significant role in streamlining dispute resolution for both national and international businesses. By combining ADR techniques with cutting-edge technological advancements, ODR platforms are facilitating faster and more effective dispute resolution. With over 43.9 million civil court cases pending in India, the need for ODR is becoming more pressing. Although still in its early stages in India, ODR is poised to revolutionize the legal system by offering new opportunities and overcoming the limitations of traditional court proceedings.
ODR has the potential to reshape the way disputes are resolved on a large scale, offering both speed and flexibility that were previously unavailable in conventional legal processes. Platforms like JustAct, created by Lex Carta Private Limited, are designed to transform the dispute resolution landscape, empowering lawyers and professionals to rethink and improve the way conflicts are addressed. As ODR continues to gain traction, it promises to play a pivotal role in addressing the challenges faced by the current justice system.