The Online Dispute Resolution System includes Arbitration, Mediation and
Conciliation. The Parties need to incorporate ODR clause in the contract to
avail the benefit. It is legally recognised Dispute Resolution Mechanisms.
Awards and settlements arising out of ODR are enforceable through Courts. Cost
of travelling is saved by attending online hearings. Arbitrator's fee is also
lesser for ODR arbitrations.
Though The Supreme Court has allowed the online filing and hearing of cases. The
fact that the judiciary is already heavily clogged and overburdened with tons of
cases further necessitates deploying the rapidly growing technological avenues
in alternate dispute resolution methodologies as well. Adopting alternative
forms of dispute resolutions online via emails, video conferencing, calls, etc.
can prove to be highly beneficial particularly to advocates and law firms
dealing with a very high volume of cases both at low and high values.
More efficient results can be expected via ODR's as it is a consensual approach
rather than being adversarial that could be mostly tailored as per the involved
parties' needs compared to litigation and traditional alternative dispute
resolution methods. It is a willful modus operandi. ODR also comes appropriate
in cases that require high confidentiality.
One famous example from the EU ODR is the concept of 'blind bidding' which
involves each party making a settlement bid unknown to the other party.
asynchronous forms of online dispute resolution like emails provides an
opportunity for more innovative, sure and thoughtful case presentations
overcoming issues arising out of spontaneity opening doors for the remote
resolutions that are possible. Disputes involving sensitivities between parties
such as serious matrimonial disputes can also be attended to smoothly by way of
It eases out complex jurisdictional constraints in turn saving the advocates
travel time and provides for greater exposure to work with prominent
international or distant clients and corporations. Also due to functions like
translation, etc language and more issues arising out of the fact that India is
a vast and diverse country eased out. Fully Automated Cyber-Negotiations and
computerized mediator makes it a much simpler process for advocates.
In June 2020, NITI Aayog, in association with Agami and Omidyar Network India,
brought together key stakeholders in a virtual meeting for advancing Online
Dispute Resolution (ODR) in India and subsequently on April 10 2021 a handbook
on ODR was released.
There are various choices of ODR platforms that are either court-annexed,
government run or even private platforms for the parties and advocates to choose
from depending on the case. In fact, Law firms can theoretically implement their
own ODR platforms similar to what many e commerce entities have done by either
building these themselves or adopting a third-party platform such as CADRE,
Centre for Alternate Dispute Resolution Excellence is a website based online
dispute resolution platform that mainly deals with rental and tenant contract
disputes for NestAway, an online home rental startup.
IDAC India is a platform for ODR. SAMA on the other hand is an ODR platform that
enables easy access to high-quality ADR service providers and helps people to
resolve disputes online. ICICI Bank is using Sama as the ODR platform to resolve
nearly 10,000 disputes with values going up as high as INR 20 lakh. CODR or
Centre for Online Dispute Resolution is an institution that administers cases
online end to end.
Though the mechanism of online dispute resolution is doing great but still at
its nascent phases it is estimated to tremendously grow in the coming years
owing to its convenience and broad spectrum.