Significance of Online Dispute Resolution
Significance of Online Dispute Resolution. Nowadays the usage of internet is ubiquitous and at its peak which is coupled with a spate of cases arising from e-commerce. We all are moving forward towards the technological advancement either in the form of adaptation of wireless broadband in place of the wired broadband or by shifting preference for using a laptop instead of the desktop personal computer. Likewise, in order to keep the flow of water constant, there is a requirement of a paradigm shift in resolving disputes through the tedious process of litigation and thereby giving preference for resolving them through the technology-driven mechanism of Online Dispute Resolution.
We all are conversant with the inconvenience involved in approaching the courts besides a sheer waste of time, effort and money which are at the top of the list. In order to deal with these woes that are pertaining since decades, ODR has joined the race of advancement with an attempt to use internet technology effectively and efficiently. In today’s era wherein disputes related to business and e-commerce are booming, there are innumerable negotiations which are conducted through the internet rather than resolving them by taking the route of litigation. ODR is a quadrilateral comprising of the internet as a fourth party. In other words, it is a mechanism to resolve cases related commerce, business-to-business (‘‘B2B’’) and business-to-consumer (‘‘B2C’’), respectively. TAX LIABILITIES
One of the major factors of propulsion of the development of ODR is intricacies of formalities of courts on one side and availability of lower cost and solution-oriented platform under ODR on the other. We all are aware of the fact that most of the cases in India go unregistered due to the fear of litigation fees and longevity of pendency of the cases. However, ODR seems to be the best alternative for litigation as the former is more feasible and less exorbitant than the latter. The main enticing and luring benefits of ODR are that the disputants do not need to face the longevity of travel for negotiation since ODR provides negotiation from distance as well and thus, it helps free the parties from the obligation of physical appearance in courts. Under ODR, the mediators are able to caucus with more than one party which one can rarely find in other modes of dispute resolution.
It is justifiable to applaud the Government’s initiative in summoning the need of using internet technology for resolving the disputes of various fields which are the outcome of enforcement of Section 89 of the Code of Civil Procedure, 1908. But the responsibility does not dilute here as there are still some blots existing in ODR as India is in its infancy with regard to implementation of ODR. We need to ponder at a way through which we can make the availability of ODR to every group of our society. Thus, if the country needs a mechanism to expedite the process of disputes settlement, an initiative of strong and decisive steps is required to be taken at the earliest so as to eradicate the contemporary problems pertaining in the dispute resolution.
It cannot be doubted that if the State encourages ODR it assists in the attainment of a speedier economical and convenient justice system. Thus, sooner the ODR, the better it will be for the nation in general and the justice seeker in particular.