Online Dispute Resolution (ODR): Exploring The Potential & Limitations In The Digital Era

Anurag Jaiswal, Himachal Pradesh National Law University, Shimla

Kritin Sardana, Himachal Pradesh National Law University, Shimla

Kartikay Pawar, Himachal Pradesh National Law University, Shimla

ABSTRACT

The present article discusses the potential and limitations of Online Dispute Resolution (ODR) in the digital era. In today's age of globalization and digitalization, people utilize advanced technology for online transactions, thus avoiding face-to-face interactions, as done earlier. Such use of technology for e- commerce purposes also poses various disputes apart from convenience and benefits. Hence, for resolving such disputes, the use of technology has attained prominence in online platforms like Online Dispute Resolution (ODR). ODR is the dispute resolution process through digital means involving negotiation, mediation, and arbitration. It is an efficacious and productive platform for dispute resolution with little interference from geographical and professional barriers. Thus, it also works out with the challenges of traditional dispute resolution mechanisms. The article introduces the potential advantages that the concept of ODR uses to resolve disputes, like convenience, ease of Access, cost- effectiveness, etc. In addition to such benefits, the article further examines the potential of ODR to streamline mechanisms, accelerate resolutions, and improve Access to justice. The challenges and limitations correlated with ODR are also acknowledged. The various concerns, such as security and privacy issues of online platforms, limited accessibility of technology in certain regions, the digital divide, procedural fairness, enforcement of virtual results, human interactions in the resolution process, etc., are addressed in the article. This comprehensive understanding provides valuable insights for policymakers, practitioners, and researchers involved in alternative dispute resolution and technology-mediated processes.

Keywords: Online Dispute Resolution (ODR), Alternative Dispute Resolution (ADR), Information and Communication Technology (ICT), Technology, Dispute