The Modern Face Of Justice - Integrating ADR With ODR

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Category: General Law

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THE MODERN FACE OF JUSTICE: INTEGRATING ADR

WITH ODR

Khushi Sarkhedi, AURO University Harsh Pawala, AURO University

ABSTRACT:

A major change in the field of dispute resolution was brought about by the

COVID-19 pandemic, which hastened the shift from traditional Alternate Dispute Resolution (ADR) to Online Dispute Resolution (ODR). Even though alternative dispute resolution (ADR) techniques like arbitration and mediation have long offered alternatives to courtroom litigation, the global crisis made it even more urgent to adopt technology-driven solutions. ODR has become a game-changing paradigm that uses digital platforms to provide quick, easy, and affordable dispute resolution for a variety of problems, including family, business and contractual disputes. Virtual hearings and other online alternatives were used by courts and dispute resolution centres as a result of the pandemic acting as a trigger. ODR has proven to be quite helpful in quickly and economically settling disputes involving everything from contracts and intellectual property to business and family affairs.

This change during COVID-19 not only addressed pressing issues but also provided a glimpse into the future of conflict resolution, where technology would be essential in boosting legal process efficiency and increasing access to justice.

Introduction: “Justice delayed is justice Denied” – William. E. Gladestone Global recognition has been extended to Alternative Dispute Resolution (ADR) as a productive substitute for conventional litigation. ADR has become a viable option for overburdened legal systems due to its capacity to settle conflicts more quickly and economically. ADR has flourished because of its versatility in a variety of legal regimes, particularly in nation with backlog heavy courts like the United States and India. For example, ADR techniques like mediation and arbitration have proven essential in helping the Indian Judiciary deal with its over 4 crore outstanding matters. Recent reports indicate that mediation success rates in India are close to 55% which considerably lessens the workload for courts. On the other hand, litigation is still a drawn out procedure that can take up to ten years at times1.

ADR’s historical origins can be found in antiquated dispute resolution procedures like community councils and indigenous mediations, which administered justice outside of the formal court system. ADR now encompasses a wide range of techniques, including negotiation, arbitration, conciliation and Lok Adalats. These techniques all attempt to resolve disputes more quickly than traditional litigation. Section 89 of the Civil Procedure Code, 19082 requires Indian courts to be feasible. In the consumer, family, and business disputes where litigation is both time consuming and expensive ADR has proven to be successful. With specialized legislation such as the 1996 Arbitration and Conciliation Act and programs like E-Lok Aadalats, Alternative Dispute Resolution (ADR) is well positioned to contribute even more to the efficient and timely administration of justice.

Significance and extent of ADR The goal of the Alternative Dispute Resolution (ADR) is to create technologies that can replace

1 *Alternative Dispute Resolution Mechanism in Modern Indian Society*, NAT'L JUDICIAL ACAD.,

https://ijtr.nic.in/Alternative%20Dispute%20Resolution%20Mechanism%20inModern%20Indian%20Society.pd f (last visited Oct. 19, 2024). 2 *Section 89 of the Code of Civil Procedure, 1908*, INDIA CODE, https://www.indiacode.nic.in/showdata?actid=AC_CEN_3_20_00051_190805_1523340333624&sectionId=33427&sectionno=89&orderno=95 (last visited Oct. 19, 2024).

conventional conflict settlement techniques. A choice is called an alternative when it comes to two alternatives, it does not mean choosing a different court rather it refers to anything that can serve as a substitute for the procedures of the court or as a way announced by the court. ADR is necessary to support and maintain the court’s operations. ADR or Alternative Dispute Resolution, is defined as a “Procedure for settling a dispute by means other than litigation, such as arbitration or mediation” by Black’s Law Dictionary.3 Consequently, the word Alternative Dispute Resolution (ADR) encompasses a wide range of methods for settling disputes without trial. Functions of ADR ADR is an essential tool in the Indian Judicial System that helps to solve the problems caused by the excessive amount of cases that are still pending. Among its principal duties are: I.

Court Decongestion: ADR gives litigants a substitute for the conventional justice system while reducing the load on courts through scientifically proven techniques. II.

Dispute Resolution that us neutral: It promotes impartial and peaceful dispute resolution, supporting both the larger “access to justice” agenda and judicial reforms4. III.

Basis of the Constitution: ADR promotes fairness in society, the economy, and politics by defending equality before law, the right to life, and liberty all of which are based on Article 14 and 21. IV.

Equal Justice& Free Legal Aid: As stated in Article 39-A of the Directive Principles of State Policy, ADR is in favour of equal justice and free legal aid. V.

Win-Win result: It promotes cooperative resolution by providing a non-adversarial method that guarantees neither side clearly wins or loses. Online Dispute Resolution (ODR): ODR is the abbreviation for Online Dispute Resolution, which is the use of ICT to support

3 *USC Gould School of Law Legal Citation Guide: Bluebook 20th Edition*, USC LAW LIBRARY,

https://lawlibguides.usc.edu/c.php?g=1187516&p=9553319 (last visited Oct. 19, 2024). 4 *Charles Wolf Jr.*, *Markets or Governments: Choosing Between Imperfect Alternatives*, RAND CORP. RP- 109, https://www.rand.org/pubs/reprints/RP109.html (last visited Oct. 19, 2024).

ADR (Alternative Dispute Resolution) techniques in an online setting. It gives parties a more effective forum for resolving conflicts by using techniques including online arbitration, mediation and negotiation all of which are similar to traditional ADR. ODR is adaptable, effectively resolving traditional and e-disputes in less time and money, it is frequently employed in B2B, B2C and C2C disputes. ODR uses a number of techniques, including e-arbitration, e-mediation, e-negotiation and econciliation. Depending on the procedure selected, these approaches might be neither adjudicatory nor non-adjudicatory and produce decision that are either binding or non-binding5. Origin of ODR: First Phase: In order to resolve conflicts arising from the growing e-commerce industry, colleges in Massachusetts and Maryland initiated the first phase of Online Dispute Resolution (ODR) in

1996. Afterwards, eBay used square Trade to implement ODR, and by 2010, it was successfully

resolving 60 million disputes yearly6. Second Phase: ODR start-ups grew in the second phase, reaching 115 networks by 2004. Key roles were performed by organizations like ICANN and Cyber settle, the latter of which used a special “blind negotiation” technique to settle disputes without disclosing the highest bids. 7 Third Phase: Government adoption occurred in the third phase. For example, New York used ODR to cut the time it took to settle personal injury claims by 85%. International projects such as the EU’s 5 S. S. Sonawane, *Chapter 1: Introduction*, *A Study of Agricultural Marketing in Ahmednagar District* (2021) (unpublished Ph. D. thesis, Savitribai Phule Pune University), https://shodhganga. inflibnet. ac. in/bitstream/10603/402574/5/chapter%201. pdf (last visited Oct. 19, 2024). 6 Haoyong Yu, Wenjia Yang, Ying Kong, et al.

, *Patients with COVID-19 in 19 ICUs in Wuhan, China: A Cross- Sectional Study*, 24 CRIT. CARE 503 (2020), https://pubmed. ncbi. nlm. nih. gov/32895624/ (last visited Oct. 19, 2024).

7 Emily R. Grosholz, *Introduction*, in *Starry Reckoning: Reference and Analysis in Mathematics and

Cosmology* (2016), https://muse.jhu.edu/pub/26/monograph/chapter/2493953 (last visited Oct. 19, 2024).

ODR platform and Brazil’s consumidor. gov further illustrated the value of ODR in removing regional obstacles and guaranteeing affordable solutions8. ODR Acceleration because of COVID-19: Online Dispute Resolution (ODR) gained momentum during the COVID-19 pandemic, as authorities and dispute resolution centres switched to virtual hearings via video conferencing. The “E-Courts Mission Mode Project” was started by the Indian Government to digitize court and provide access to justice through technology9. Congested courtrooms gave way to virtual hearings, and lok adalats became E-lok adalats. This changes ensured justice despite physical constraint while also increasing the effectiveness and accessibility of conflict resolution. India’s ODR situation: Although it is still in its infancy, ODR has the potential to revolutionize the Indian legal system.

There has been expansion including the government, the judiciary, and the corporate sector, particularly under COVID-19. Artificial intelligence and machine learning are examples of technological developments that improve ODR by automating some steps of the process. Even with the entire advancements ODR still needs to be developed further before it can be widely used. To develop ODR in India, the present attention is on blending technology, evaluating the readiness of the government, legislative backing, judicial acceptability and private sector innovation. Important ODR Sites in India: ODR is being improved by a number of Indian entrepreneurs to provide easily accessible and reasonably priced alternatives10. Prominent platforms includes of: • CADRE: Provides an easy to use platform for social and business dispute arbitration.

8 Leonardo Bobadilla, Oscar Sanchez & Robert LaValle, *Asymptotically Near-Optimal Navigation for Robots in Dynamic Environments*, 69 ROBOT. AUTON. SYST. 1 (2015), https://www. sciencedirect. com/science/article/pii/S2351667415000074 (last visited Oct. 19, 2024).

9 Kiran Bala, *Alternative Dispute Resolution (ADR): Overview*, Academia.edu,

https://www.academia.edu/33231990/Alternative_Dispute_Resolution_ADR_Overview?sm=b (last visited Oct. 19, 2024).

10 Sudip Mullick, *Arbitration, Mediation, Negotiations: Digital Way*, LiveLaw (May 29, 2021),

https://www.livelaw.in/law-firms/articles/arbitration-mediation-negotiations-digital-way-174483 (last visited Oct. 19, 2024).

SAMA: Offers lok adalat, online arbitration and mediation services on one platform. • CODR: Concentrates on employing sae technology for reasonably priced arbitration and mediation. • Presolv360: Uses multi-channel communication and cloud technology to automate conflict settlement. • WeVaad: Manages family, divorce, property and money recovery problems. • Jupitice: Focuses on cross border conflicts and e-commerce. • JustAct: Offers services for arbitration, mediation and negotiation. Obstacles and Suggestions for Outsourcing in India: ODR in India is confronted with issues like inadequate digital infrastructure, low digital literacy, mistrust, and privacy concerns. Better connectivity is needed in rural regions, and programs like PMGDISHA and Bharat Net try to close these gaps11, but more work is required.

ODR services are not well-trusted because of concerns regarding their security measures to combat this, and government awareness campaigns should be launched to reduce court workloads, suggestions include enhancing digital literacy, enhancing infrastructure and fostering more cooperation between the courts, business community and ODR platforms. Conclusion: The COVID-19 pandemic has accelerated ODR to the point that its potential to revolutionize India’s legal system has become apparent. Even while e-courts and innovators like SAMA and CADRE have made great strides, issues like poor trust, inadequate digital skills, and encouraging cooperation between the corporate and judicial sector. ODR has the potential to develop into a widely available, reasonable priced and effective conflict resolution mechanism in India with the help of the government and creative ideas.

11 NITI Aayog, *Designing the Future of Dispute Resolution: The ODR Policy Plan for India*, NITI Aayog (Mar. 2023), https://www. niti. gov. in/sites/default/files/2023-03/Designing-The-Future-of-Dispute-Resolution- The-ODR-Policy-Plan-for-India. pdf (last visited Oct. 19, 2024).

Bibliography: • Emre Öktem, Turkey: Successor or Continuing State of the Ottoman Empire?, 24

LEIDEN J. INT'L L. 561 (2011).

David E. Graham, Cyber Threats and the Law of War, 4 J. NAT'L SEC. L. & POL'Y 87 (2010). • Leonardo Bobadilla, Oscar Sanchez & Robert LaValle, Asymptotically Near-Optimal Navigation for Robots in Dynamic Environments, 69 ROBOT. AUTON. SYST. 1 (2015), https://www. sciencedirect. com/science/article/pii/S2351667415000074 (last visited Oct. 19, 2024). • Omri Marian, Are Cryptocurrencies Super Tax Havens? , SSRN (2015), https://papers. ssrn. com/sol3/papers. cfm? abstract_id=2596267 (last visited Oct. 19, 2024). • Kiran Bala, Alternative Dispute Resolution (ADR): Overview, Academia. edu, https://www. academia. edu/33231990/Alternative_Dispute_Resolution_ADR_Overvie w? sm=b (last visited Oct. 19, 2024). • Soong Kee Hong & Vishalini Ganasan, Consumer Purchase Intention Towards Online Shopping Platforms in Malaysia, 2 ASIAN J. RES. BUS. MGMT. (2020), https://myjms. mohe. gov. my/index.

php/ajrbm/article/view/11680/5636 (last visited Oct. 19, 2024). • Sudip Mullick, Arbitration, Mediation, Negotiations: Digital Way, LiveLaw (May 29, 2021), https://www. livelaw. in/law-firms/articles/arbitration-mediation-negotiationsdigital-way-174483 (last visited Oct. 19, 2024). • NITI Aayog, Designing the Future of Dispute Resolution: The ODR Policy Plan for India, NITI Aayog (Mar. 2023), https://www. niti. gov. in/sites/default/files/2023- 03/Designing-The-Future-of-Dispute-Resolution-The-ODR-Policy-Plan-for-India. pdf (last visited Oct. 19, 2024).

• RAND

Corporation, Cyberdeterrence and Cyberwarfare (2009), https://www.rand.org/pubs/reprints/RP109.html (last visited Oct. 19, 2024).

• COVID-19

and Clinical Research: Lessons from the Pandemic, 2020, https://pubmed.ncbi.nlm.nih.gov/32895624/ (last visited Oct. 19, 2024). • Shodhganga, Introduction to the Study of Conflict Resolution (last visited Oct. 19, 2024), https://shodhganga.inflibnet.ac.in/bitstream/10603/402574/5/chapter%201.pdf.