Prachi Saraf, Indore Institute of Law, Indore
ABSTRACT
Cross-border disputes are a typical occurrence in today's interconnected globe, and they can arise due to a range of circumstances, including cultural differences, political difficulties, and economic interests. Traditional litigation or arbitration can be an expensive and time-consuming method to resolve a cross-border dispute, and the result may not be to both parties satisfaction. Cross-border problems can now be successfully resolved through alternative dispute resolution (ADR) methods like negotiation, mediation, and arbitration. Online dispute resolution (ODR) has grown in favor of a dispute resolution method over the past few years, especially in the wake of the COVID-19 outbreak.
Compared to traditional litigation, alternative dispute resolution (ADR) has several benefits, including the flexibility to tailor the procedure to the interests of the parties. Language and cultural sensitivity can be used in ADR approaches, which can be adjusted to the particulars of the dispute and help the parties communicate effectively. Compared to traditional litigation, arbitration can help resolve issues more quickly and affordably ODR, on the other hand, has a few advantages over conventional ADR techniques, including the flexibility of online communication and the capacity to arbitrate conflicts remotely. ODR can offer a venue for parties to settle disagreements without having to physically meet or travel, which can be especially helpful in cross-border conflicts if parties are spread out across various nations or regions.
However, they also have limitations that need to be addressed, and parties should carefully consider the specific nature of the dispute before selecting an appropriate ADR or ODR method. Effective communication, cultural awareness, and sensitivity are essential components of successful ADR and ODR processes, and they should be integrated into the process to promote a better understanding and facilitate effective resolution of disputes.
Keywords: Dispute Resolution, ADR, ODR, Arbitration, Litigation
