Technological Innovations In ADR: Examining India’s Evolving Legal Framework
- IJLLR Journal
- Jan 27
- 2 min read
Vishnu Vardhan. G, SASTRA University
ABSTRACT
Technology has had a drastic impact on Alternative Dispute Resolution (ADR) throughout the world. At this point in time India is in a pivotal position to take advantage of its digital advancements. This Research Paper will attempt to explore the multi-faceted relationship between ADR and technology as they relate to India, specifically addressing the development of Online Dispute Resolution (ODR), Artificial Intelligence (AI) implementation, blockchain applications and the continuing digital divide. The COVID-19 Pandemic has accelerated the move toward digital transformation of ADR in India by increasing the utilisation of e-mediation platforms; virtual arbitration hearings, and electronic filing systems. Despite these advancements, the legal and regulatory frameworks that govern ADR processes remain fragmented. In particular, the Arbitration and Conciliation Act, 1996 does not contain sufficiently detailed provisions for technology- enabled or technology-driven methods of dispute resolution. This Paper will identify and explore 6 key areas of importance to understanding the impact of technology on ADR in India: (1) the evolution of Technology-enabled ADR in India; (2) deficiencies in current legal and regulatory frameworks; (3) potential risks associated with the use of AI; (4) the viability of blockchain technology as a means of arbitration; (5) the impact of the Digital Divide on access to Justice and; (6) recommendations for comprehensive legislation to create a viable ODR framework. The research presented in this Paper is informed by detailed case analysis and comparative analysis of case law, and concludes that India has the ability/institutional capacity to implement technology-enabled ADR solutions; however, to realise success, there must be unified legislation to ensure all areas of society have access to technology-enabled ADR solutions, capacity-building efforts must be made for the legal profession and a human-centred approach to innovation must be taken to ensure the ability to access justice and be treated fairly remain protected by the Constitution.
Keywords: Online Dispute Resolution, Artificial Intelligence, Blockchain, Alternative Dispute Resolution, Digital Justice, Access to Justice, Technology-Enabled ADR
