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The Integration Of Technology In Alternative Dispute Resolution Process In India




Anjali Tomar, B.A.LL.B. (Hons.), ALS-AUMP (Gwalior)


ABSTRACT


The convergence of technology and Alternative Dispute Resolution (ADR) represents a transformative shift in the Indian legal landscape. This paper examines the integration of digital technologies into ADR processes in India, analysing the evolution from traditional dispute resolution mechanisms to technology-enabled platforms such as Online Dispute Resolution (ODR). The study traces the historical roots of ADR in India from the Vedic period through the colonial era to the contemporary legislative framework, including the Arbitration and Conciliation Act, 1996, the Mediation Act, 2023, and the Information Technology Act, 2000. It evaluates the role of artificial intelligence, blockchain, video conferencing, and smart contracts in reshaping arbitration, mediation, and conciliation processes. The paper further assesses the digital ODR ecosystem in India, encompassing government initiatives such as the NITI Aayog ODR Handbook and the eCourts Mission Mode Project, alongside private platforms like SAMA, CADRE, and Presolv360. A comparative analysis with global best practices from the United Kingdom, Singapore, the European Union, and China provides a broader perspective on India’s trajectory. The study identifies critical challenges, including the digital divide, data privacy concerns, authentication issues, and the absence of dedicated ODR legislation, while proposing recommendations for legislative reform, capacity building, and infrastructural development. The paper concludes that a comprehensive, principled approach to technology integration in ADR is essential for enhancing access to justice in India’s rapidly digitising economy.


Keywords: Alternative Dispute Resolution, Online Dispute Resolution, Technology, Arbitration, Mediation, India, Artificial Intelligence, Access to Justice



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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