Online Dispute Resolution is a technique of dispute settlement that utilizes
the use of software to help parties resolve their issues. Negotiation,
mediation, arbitration, Conciliation, etc. can be used in the settlement of
disputes. Online systems by using gadgets such as computers, laptops, tablets,
The Online system can be done by video conferencing, recording of video and
audio, text messaging, by voice call facility. Video call conferencing can be
done by more than two persons, and some video call applications such as Vimeo,
Google Duo, Google Meet, Zoom, etc. The online method can be done by using
internet connectivity as well as a mobile network.
Due to the COVID-19 epidemic from the past few months resulting in lockdowns in
various parts of the world, everything goes online such as classes, exams,
delivery of food, goods, etc. The dispute resolution settlement is done online.
This Online dispute resolution helps in providing cheap methods by eliminating
transportation costs, and venue costs, it can be done in all the places in the
world except the places that have no network connectivity. It also helps in
providing time-saving and due to the pandemic to avoid gathering in place, it
has become the most important method to resolve disputes.
In India, the use of ODR increased due to the pandemic but still, there is a
lag, due to the joint reading of three provisions in the Indian Act (the
Evidence Act), the Information Technology Act), and the Arbitration and
Conciliation Act). The other issue faced by ODR in India is jurisdiction
enforcement and geographical and territorial limitations.
There is a requirement for amendments in the provisions of the three acts so
that Online dispute resolution can become a more effective and friendly process
during the time of the pandemic. There should be promotion of online dispute
resolution and the government should take the initiative to add provisions on
Page 5 of 10 IT act for ODR like cyber-crime to help in the reduction of burden
in the domestic court.
The digital India concept shows the maximizing of the utilization of electronic
gadgets and network/internet service in rural India, which also helps in the
development of online use of dispute settlement mechanisms.
Justice DY Chandrachud said, above all, there needs to be a fundamental mindset
change- to look upon dispute resolution not as relatable to a place, namely a
court, where justice is administered, but as a service that is availed of. (1)
The COVID-19 pandemic has changed the way of living in India, millions of things
remained incomplete, the judicial court disputes which are always on the mark of
clich of late disposal of cases also remained incomplete due to lockdown, and
lakhs of lawyers lost source of income due to pandemic due to restriction of
physical hearing of the court.
Online dispute resolution takes steps not only to provide support due to the
pandemic but it provides various steps to remove the burden and facilitate
speedy disposal of cases, the disputes of businesses that require a highly
expert body can be used for a smooth settlement. The ODR can help in filling the
gaps in domestic courts by using various ADR methods. ODR provides service to
various businesses, start-ups, constructions, banking, e-commerce, etc., to
speedy settlements, service to the citizens, and new lawyers by using the ODR in
the pandemic as a source of income.
The different business houses, and companies' agreements they should adopt using
ADR as well as ODR mechanism should be made in contract agreement and separate
agreements should be done. The data privacy protection, likewise intellectual
property protection disputes require speedy disposal of cases due to the
pandemic the ODR helps fill all the gaps.
The ODR's capability is clear, but there are still significant obstacles to
overcome for lawyers to adopt it. The problem arises due to a lack of awareness
of ODR and technology awareness of using Online system methods among persons.
The main objective is to improve of justice delivery mechanisms process and more
options for justice delivery to complete the disputes in this overpopulated
country like India.
The government to make some policies and provisions in the acts to promote the
awareness of using ODR in India and there should be proper training facilities
about the ADR and ODR for the lawyers due to lack of knowledge of the ADR
There should be a proper ecosystem using online mechanisms, and framework, and
different steps should be taken by the government to overcome the barriers and
help in building the proper ODR mechanisms. The (Ministry of Law and Justice)
and (NITI Aayog) can play an important body in the development of ODR in India.
So, it is necessary and important to have proper laws in India like in other
- Aditi Singh, Nirat Bhatnagar, Siddhant Damani, Charles Hobbs, Nehal
Sarda, Accelerating the Adoption of ODR in India Could Transform How
Disputes Are Resolved in an Overburdened System, DAHLBERG, (June 19, 2021,
11:30 AM), https://dalberg.com/our-ideas/accelerating-the-adoption-of-odr-in-india-could-transform-howdisputes-are-resolved-in-an-overburdened-system/
Award Winning Article Is Written By: Mr.Swagat Kumar Tosh
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