ROLE OF TECHNOLOGY IN ALTERNATE DISPUTE RESOLUTION SYSTEM .
INTRODUCCTION-The goal of Alternative Dispute Resolution is to provide an alternative method of resolving a dispute. Since the beginning of technological inventions and integration, digital disruption has found its way into this field of law, with the primary goal of integrating technology and alternative dispute resolution methods to provide an even more efficient, quick, and convenient way to settle any case between two or more parties. Regardless of the circumstance, the judiciary recommends this technique of dispute resolution, now known as Online Dispute Resolution (ODR), especially if the parties to a given case have no objections to it. ADVANTAGES OF ODR - ODR is widely recognised and approved in India. ODR is a generally informal, flexible, and creative method of resolving disputes that is not bound by specific procedural or evidence requirements. This may allow the parties to design or participate in a process that can be tailored to their specific needs, promoting a cooperative rather than combative approach. ODR has the potential to lower litigation costs, which is important for both corporate parties who want to keep expenses down and parties that would otherwise be unable to afford the cost of litigation. The costs of the procedure or the remuneration paid to the neutral evaluator are usually shared equally by all participants, giving everyone a stake in the conclusion and a sense of ownership. ODR may be a good choice for low-cost, high-volume transactions since it typically allows for a quick, cost-effective, and efficient settlement of issues where the sums in dispute aren't high enough to warrant the cost of a meeting-based mediation (e.g. consumer disputes). ODR also enables for a more cost-effective resolution of disputes where the parties are separated by a substantial geographic distance and the amount in dispute does not justify the expense of travel. When there are sensitivities between the parties that could be increased by being in the same room, ODR may be suitable (e.g. matrimonial disputes). Parties who would otherwise be unable to attend an in-person meeting owing to a serious impairment may be able to participate in ODR.
SCOPE OF ODR IN INDIA WITH ENABLED HIGH TCEHNOLOGY –
ODR's usefulness in a developing country like India is still in its infancy. However, as a result of the pandemic outbreak, ODR is beginning to gain traction. It is clear from a combined reading of the Indian Evidence Act of 1872, the Arbitration and Conciliation Act of 1996, and the Information Technology Act of 2000 that Indian laws provide for the legality and technological viability of ODR methods. Furthermore, frequent concerns in ADR relating to jurisdiction and other issues relating to geographical limitation appear to have been addressed, as well as ensuring automated administrative activities, the promotion of environmentally friendly processes, and increased professional productivity. .2 Nonetheless, the three departments of government have been working together to improve our legal and judicial systems. more technologically advanced, in order to ensure prompt delivery even in times of crisis .3 The Supreme Court of India recently taken note of the observations in MetersandInstruments Private Limited &Anr. vs. Kanchan Mehta5 in a suomotu writ suit titled 'Expeditious trial of cases under Section 138 of the N. I. Act, 1881.' "Modern technology should be explored not only for paperless courts, but also for reducing court overcrowding. There appears to be a need to investigate categories of cases that can be resolved partially or wholly "online" without the parties' physical presence by simplifying procedures when substantially disputed questions do not require adjudication."
ONLINE PROCEEDINGS IN ADR
ELECTRONIC SUBMISSIONS PREFERRED Most courts now require digital submissions, and lots of ADR experts provide the choice of supplying digital submissions for arbitrations and mediations .
PRESENTING WITNESSES When a key witness isn't to be had for trial, it is able to result in a lacking witness charge, or different disastrous consequences. But in terms of arbitration and mediation, generation can offer a solution. Witnesses, whether or not they're present examination . Judiciary has testified the usage of loads of video conferencing answers whilst they're now no longer capable of seem at a listening to in-person.
A CASE IN POWERPOINT One of the extra exciting makes use of of generation I actually have encountered at some point of my ten plus years as a neutral, become the use of “disposable” pills at some point of a mediation .
MOBILE ADR APPLICATIONS Technology makes it feasible to listen instances remotely, exhibit proof extra correctly and post case files electronically. The introduction of cell programs to beautify the ADR method represents a vital turning factor in how felony lawsuits are managed. Mobile programs, including NAM’s (National Arbitration and Mediation) myADR® cell app, offer events with stable, immediate get right of entry to to vital case-associated statistics and records in real-time, on any cell device. Parties can electronically sign ADR contracts, acquire case selections as quickly as they're to be had, acquire computerized case confirmations days previous to a scheduled case, view their time table of upcoming hearings, evaluate the repute of all pending instances, and feature get right of entry to to post-mediation agreements and selections. NAM’s myADR® utility additionally offers NAM customers get right of entry to to all roster and listening to officer profiles and the functionality to post new instances. it is feasible for the legal professional to exercise regulation and get right of entry to crucial case-associated records from everywhere at any time. DISADVANTAGES – All parties would be required to have adequate technology to participate in an Online Dispute Resolution Process. Parties without adequate technology may be unable to fully participate or at a disadvantage. ODR is usually considered as a less personal form of dispute resolution as the parties are not in the same room. Parties with difficulties in communicating and/or language in writing may be at a disadvantage in an ODR process
Alternative Dispute Resolution includes alternative methods of helping people resolve legal problems before going to court. There is an involvement in of an independent third person, called a “neutral” who tries to help resolve or narrow the areas of conflict in ADR. Alternate Dispute Resolution means the wide variety of methods by which conflicts and disputes are resolved other than through litigation. There are four types of ADR: ● Mediation ● Arbitration ● Negotiation ● Conciliation
In my opinion a litigant must go for online dispute resolution thinking about the advantages listed above .
The Indian legal framework, through Section 89 of Code of Civil Procedure, 1908 promotes use of alternative dispute resolution between parties. Similarly, Order X Rule 1A confers powers on the court to direct the parties to a suit to choose any Alternative Dispute Resolution (ADR) method to settle its disputes. This can include ODR as well. ODR follows the Information Technology Act 2000, as well as the Arbitration and Conciliation Act 1996. The first and foremost necessity for ODR is that the parties must unequivocally decide that they are going to resolve their disputes online. The Arbitration Act specifies that the parties are free to choose the place where the hearing would take place, which could be online as well. It is even being used currently by the National Internet Exchange of India (NIXI) for domain name dispute resolution. It is similar to traditional arbitration but the only difference is that it is conducted over the internet. Therefore, the law applicable to traditional arbitration is to be applicable to ODR also. Just as ADR is legal in India, so is ODR.