5.1.3. Measures that can be taken to establish ODR as effective Dispute Redressal Mechanism

For this, all the stakeholders would need to fulfill their responsibilities. For example

♤ The providers of technology enabled services: The tech enabled service providers create a platform where parties can be made aware of their rights, the remedies which are available to them, and create facilities for negotiation and mediation with neutrals.

♤ Professional bodies: They will offer trained personnel. They could be law firms on a standalone basis, or as a consortium of service providers.

♤ Industry: The industry must internalize dispute containment and dispute avoidance, perhaps by introducing contractual clauses, which mandate the requirement of going to mediation or negotiation before accessing any legal remedies.

♤ Governments and courts: Their role is important in understanding where disputes arise, what aggravates them, what mitigates them.

o The Government can also identify disputes most suitable for ODR. For eg - Disputes arising out of Motor Vehicles Act, cheque bouncing, insurance claims can be resolved through ODR to reduce the backlog and pendency.

o This can be used as an opportunity by the Government to employ objective AI tools to aid government litigation.

o In the short term, in the context of COVID, incentives need to be created for recourse to ODR by recognizing the role of private, voluntary ODR by encouraging businesses to seek recourse to ODR technology.

o The judiciary can refer pending matters to ODR platforms for dispute resolution. Lok Adalats must be encouraged to utilize ODR platforms to conduct online Lok Adalats. NALSA and state legal services authorities can be encouraged to engage with ODR institutions. This way, courts can focus on urgent matters.

Additionally, the following measures may also be taken to ensure that ODR does not work in a regulatory vacuum.

♤ The recently formed Arbitration Council of India could act as a standard-setting body from a technology perspective to encourage institutional arbitration.

♤ The government needs to issue guidelines on the minimal standards of fairness and data protection that these platforms need to adhere to.

♤ To develop adequate judiciary’s ODR capability, the government needs to provide sufficient

funds and expertise to help phased adoption of ODR

ODR can supplement Indian judiciary, supplement the judicial justice delivery system, and democratize access to dispute resolution using ADR tools and technology. A hybrid model of courts (& virtual courts) & ODR would be a steady state of dispute resolution. To combine technology with the most thoughtful, equitable way to enhance justice for all. For a transformative impact, we need to develop digital infrastructure to reach the masses, and we also need a change in mindsets.