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Revolutionizing Dispute Resolution: Exploring The Frontiers Of Online Dispute Resolution




Ms. Shefali Mishra, Research Scholar, School of Legal Studies, BBDU Lucknow


ABSTRACT


Dispute without borders demand solutions without boundaries, prompting the need for innovative alternatives. In the digital age, disputes are no longer confined to courtrooms. The proliferation of the internet and e-commerce has revolutionized the way we conduct business, communicate, and resolve disputes. ODR has emerged as a viable solution, leveraging technology to facilitate efficient, effective and accessible dispute resolution. This research paper begins with a prologue to ODR and its importance in India. As an IT hub, India clearly has the necessary components for implementing a comprehensive framework for technology in conflict resolution procedures, including institutional desire, and the requisite knowledge.


Traditional dispute resolution methods, such as Litigation and Arbitration, have been criticized for being time-consuming, costly, and inaccessible to many. The digital revolution has created new opportunities for dispute resolution, and ODR offers a promising approach in this respect. In an ODR setting, arbitration can be conducted online, where parties submit their arguments, evidence, and supporting documents to an arbitrator, who then renders a decision. The decision may or may not be legally binding, depending on the specific circumstances and the agreement between the parties. Some ODR platforms even allow for the use of automated decision- making systems to assist in arbitration, improving efficiency and consistency. The uncharted territory of ODR, has to be further explored, investigating its role in democratizing access to justice, and redefining the future of conflict resolution procedures.


Through a critical examination of the existing literature and case studies, this research paper provides an in-depth examination of ODR’s current state in India. The paper analyses the benefits of ODR, compares it to traditional dispute resolution methods, and assesses the challenges associated. Also, the immense prospective of ODR to transform the dispute resolution landscape, reducing costs and prompting peaceful resolution of the conflicts has been analysed. The paper offers a comprehensive analysis of ODR’s applications, challenges, opportunities, and prospects, with suggestions for further research and limitations of the study.


The research methodology adopted for the purpose of this study, is the doctrinal method of research and for major part, the secondary resources have been analysed.


Keywords: Online Dispute Resolution (ODR), Alternate Dispute Resolution (ADR), Legal framework, Technology.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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