Context: Recently, the NITI Aayog, in association with Agami and Omidyar Network India, brought together key stakeholders in a virtual meeting for advancing Online Dispute Resolution (ODR) in India.
About ODR 

• ODR is the resolution of disputes, particularly small- and medium-value cases, using digital technology and techniques of alternate dispute resolution (ADR), such as negotiation, mediation, and arbitration. 
• While courts are becoming digitized through the efforts of the judiciary, more effective, scalable, and collaborative mechanisms of containment and resolution are urgently needed. ODR can help resolve disputes efficiently and affordably. 

Why it is needed? 

• Covid-19 has instilled an urgent need for ODR that requires decisive action, with the likelihood of a spurt in disputes before the courts—most notably in lending, credit, property, commerce, and retail. In the coming months, ODR could be the mechanism that helps with achieving expedient resolution. 
• The seminal meeting generated tremendous recognition of the opportunity that ODR presents in India. A multi-stakeholder exercise will be undertaken in the coming weeks to help achieve this in a sustainable, efficient and collaborative manner for the transformation of justice delivery across various facets 
• Senior judges of the Supreme Court, secretaries from key government ministries, leaders of industry, legal experts, and general counsels of leading enterprises, explored the opportunities and specifics of what lies ahead. 
• The common theme was a multi-stakeholder agreement to work collaboratively to ensure efforts are taken to scale online dispute resolution in India. 

Advantages of ODR

• Convenient, accurate, time-saving and cost-saving.
• Provides more, efficient, effective, scalable and collaborative mechanisms of containment and resolution.

Significance

• It will set into motion the use of technology towards efficient and affordable access to justice, especially in post-pandemic times.
• During the ongoing Covid-19 pandemic, the target is to look into Covid-related disputes (most notably in lending, credit, property, commerce and retail) through ODR, which is an important part of the economic revival.
• In the coming time, ODR could be the mechanism that helps with achieving expedient resolution.

Challenges associated in its implementation

• While arbitration was intended as an alternative to going to court for certain kinds of disputes, that mechanism itself has become cumbersome and often expensive.
• Lack of enough arbitrators and building trust among consumers.
• Deal with people who are not used to the digital ecosystem.

Suggestions

• Private ODR and ADR providers need to be added in the system to ensure that online resolution can reach different industries, locations and parts of the country and also support the public institutions.
• Making ODR or ADR voluntary will defeat the purpose so it should be made mandatory (for specified categories) and it should cover about three sessions so that parties don’t feel that it’s a mere formality.
• More recognition should be given to the online redressal processes so that its idea reaches people and they can use these online processes.