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What is the News?
NITI Aayog has released a report titled ‘Designing the Future of Dispute Resolution: The ODR Policy Plan for India’.
The report is a culmination of the action plan made by a committee constituted by NITI Aayog on Online Dispute Resolution (ODR) in 2020. The committee was chaired by Supreme Court Justice (Retd) AK Sikri.
What is Online Dispute Resolution (ODR)?
ODR is the use of technology to ‘resolve’ disputes The disputes are solved through techniques of Alternate Dispute Resolution(ADR) such as arbitration, conciliation and mediation.
Why does India need ODR?
The Covid-19 pandemic has resulted in a large section of society being unable to receive timely access to justice. The pandemic also led to a deluge of disputes, further burdening the already lengthy court processes.
Hence, ODR has the potential to help reduce the burden on the court and efficiently resolve several categories of cases. It may also be introduced within Government departments for internal disputes.
What are the benefits of ODR?
Firstly, it is cost-effective, convenient, efficient, allows for customizable processes to be developed and can limit unconscious bias that results from human interactions.
Secondly, in terms of layers of justice, ODR can help in dispute avoidance, dispute containment and dispute resolution.
Thirdly, its widespread use can improve the legal health of the society, ensure increased enforcement of contracts and thereby improve the Ease of Doing Business Ranking for India.
Lastly, the benefits of ODR and Digital Courts (technology in the public court system) together can transform the legal paradigm as a whole.
What are the recommendations given by the report on ODR?
The report recommends measures at three levels to tackle challenges in adopting ODR framework in India:
Structural Level: It suggests actions to increase digital literacy, improve access to digital infrastructure and train professionals as neutrals to deliver ODR services.
Behaviour Level: It recommends the adoption of ODR to address disputes involving Government departments and ministries.
Regulatory Level: It recommends a soft-touch approach to regulate ODR platforms and services. This involves laying down design and ethical principles to guide ODR service providers to self-regulate while fostering growth and innovations in the ecosystem.
Note: The report also stresses strengthening the existing legislative framework for ODR by introducing necessary amendments to statutes.
Source: This post is based on the article “NITI Aayog Pushes for Online Dispute Resolution for Speedy Access to Justice” published in PIB on 29th November 2021.
