Title: Online Dispute Resolution: Creating a Level-Playing Field in Small Value Claims.
Author(s): Sidharth Kapoor, Ananya Singhal (View Profile)
Journal: Indian Review of International Arbitration
Online Dispute Resolution [“ODR”] has become an essential mechanism for the dispute resolution ecosystem given the constant pressure from all corners to adapt to the online environment or risk loss of faith in the legal system in the eyes of the country’s citizens. The COVID-19 pandemic [“Pandemic”] has compelled, in some level, the Indian courts to shift from an offline to an online mode, but it is imperative that it does not lose momentum as normalcy returns. ODR is typically the process of resolving disagreements in an online setting and involves the use of Information and Communications Technology [“ICT”] in the dispute resolution process. However, ODR is not limited to resolving disputes over video calls; rather, it also includes multiple tech plays, such as algorithm-based decision-making and anticipating the best form of dispute resolution for a given situation, amongst others.
One may think that ODR is limited to e-Arbitration, e-Mediation or e-Negotiation; however, this is just a component of it. The true potential of ODR lies in exploring an interplay between technology and data to determine the optimal way forward once a dispute has arisen. Due to its many advantages over the offline alternatives that a party may have, ODR has been increasingly favoured.
The employment of ICT tools, algorithms, and problem-solving techniques increases the effectiveness of the dispute resolution processes, making ODR a desirable, economical, and efficient dispute resolution instrument. This paper covers the specifics of ODR, including its benefits and how it can specifically help in the context of small claim disputes.
Cite this as:Sidharth Kapoor & Ananya Singhal,“Online Dispute Resolution: Creating a Level-playing Field in Small” 2 IRIArb (2022).
Keywords: Online Dispute Resolution; ODR; Small Claims; Automated decision- making; Artificial Intelligence; MAchine Learning; AI backed decision; Virtual Courts; E-Arbitration; E-Mediation; Small value disputes.
*The views expressed are of author(s) only.