Online dispute resolution

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Online dispute resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties. It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this respect it is often seen as being the online equivalent of Alternative dispute resolution (ADR). However, ODR can also augment these traditional means of resolving disputes by applying innovative techniques and online technologies to the process.

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[edit] Alternative definitions

In practice it is difficult to provide a self-contained definition of ODR, and given the pace of change it may not even be possible to do so. The use of technology usually involves the use of internet-based communications technology at some stage, but ODR does not necessarily involve purely online processes – further, many could be replicated offline using pen and paper, or could be achieved using computers without internet connections.

The range of terms and acronyms used to describe the field augments the confusion often felt by those unfamiliar with the new field of ODR. These terms include:

  • internet Dispute Resolution (iDR)
  • Electronic Dispute Resolution (eDR)
  • electronic ADR (eADR)
  • online ADR (oADR)

ODR has emerged as the preferred term in recent years.

It is uncertain whether these processes form a new discipline of ADR or a tool to aid existing methods of dispute resolution. The most appropriate view would be to view ODR as an interdisciplinary field of dispute resolution.

[edit] Methods of ODR

The most common typology of methods of ODR consists of:

  • Automated Negotiation
  • Assisted Negotiation
  • Online Mediation
  • Online Arbitration

Automated Negotiation relates to those methods in which the technology takes over (apects of) a negotiation. Most of the ODR services in this area are so-called 'blind-bidding' services. A blind bidding service is an auction mechanism where some or all information about the players' bids is hidden. If the bids of both parties come within a predetermined range the technology automatically settles the dispute.

In Assisted Negotiation the technology assists the negotiation process between the parties. The technology has a similar role as the mediator in a mediation. The role of the technology may be to provide a certain process and/or to provide the parties with specific (evaluative) advice. The online equivalents of mediation and arbitration are very similar to these offline dispute resolution techniques. Most ODR providers offer services that use two or more of the methods mentioned above.

[edit] ODR in India

Online dispute resolution (ODR) in India is in its infancy stage and it is gaining prominence day by day. With the enactment of Information Technology Act, 2000 (IT Act, 2000) in India, e-commerce and e-governance have been given a formal and legal recognition in India. Even the traditional arbitration law of India has been reformulated and now India has Arbitration and Conciliation Act, 1996 in place that is satisfying the harmonised standards of UNCITRAL Model. Even the Code of Civil Procedure, 1908 has been amended and section 89 has been introduced to provide methods of alternative dispute resolution (ADR) in India.

[edit] External links

[edit] References

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