This document discusses the future of law and alternative dispute resolution. It notes that technology is changing traditional legal services and introducing new competition. It describes alternative dispute resolution methods like arbitration and mediation that allow parties to settle disputes privately without courts. Online dispute resolution uses technology to facilitate resolving disputes online, particularly for commercial, consumer and other civil disputes. The key methods of online dispute resolution are arbitration, mediation and conciliation. The document outlines advantages like lower costs and ability to resolve international disputes remotely, as well as disadvantages like requiring internet access and lack of personal interaction.
2. Introduction
The legal industry is changing, and changing fast.
Within recent memory, lawyers were the prime sources
of legal knowledge and services.
Law firms, government entities, corporations, nonprofits
and others accessed legal resources appropriate to their
needs and their means principally from their lawyers.
Today, we see technology changing traditional ways of
providing legal services.
This has led to greater development of the industry, and
introduced new competition and continual searching for
better and more efficient ways of providing legal
services.
3. ADR
Alternate Dispute Resolution is a method by which the
parties to a dispute, have agreed and decided to settle
their dispute among themselves without the intervention
of the court. Basically, any dispute can be resolved
through effective negotiation between the parties to the
disputes except those explicitly prohibited by law. Such
negotiation is possible only if the parties express their
willingness to resolve the dispute through Alternative
Dispute Resolution .
4. The Arbitration and Conciliation Act 1996, aims at
resolving the dispute between the parties privately
through alternative dispute resolution and without much
wastage of time. Its objective is speedy disposal of cases
without much expense to the parties.The Act aims for
limited judicial intervention and directs the parties to go
for arbitration and other alternative dispute resolution
services on the basis of agreement between the parties.
5. Benefits of ADR
Confidentiality
Settlement
Time bound proceedings
Cost effective
Flexibility
Reputation
End of litigation
Convenient dates
Expert knowledge
6. Online dispute resolution (ODR)
ODR is the use of information and communications
technology to help disputants find resolution to their
disputes.
It is the branch of dispute resolution which uses
technology to facilitate the resolution of disputes
between parties.
7. Difference between ODR and ADR
Alternative Dispute Resolution is the process of
providing dispute resolution mechanism through
arbitration, mediation and conciliation services. By
opting for alternative dispute resolution , parties can
avoid litigation in courts and can amicably settle the
matter between them.The method has been considered
as most suitable for resolving all kinds of civil and
commercial disputes by courts.The process of providing
alternative dispute resolution services online is referred
to as online dispute resolution.
8. Dispute resolution facilitates settlement of disputes
online on all civil disputes with specific reference to
the following:
Commercial disputes
Consumer disputes
E-commerce websites
Employment contracts
Real estate
Intellectual property
9. Methods of ODR
Arbitration
Mediation
Conciliation
Arbitration :
Alternative dispute resolution or online dispute
resolution allows the parties to opt for arbitration instead
of court. Under arbitration, the parties agree to resolve
any grievance, dispute/conflict through appointment of
an independent third person.
10. Mediation:
Mediation is a flexible process wherein the dispute between the
parties is amicably settled in a mutually beneficial manner. An
independent third party is appointed to help both the parties to
arrive at a settlement. The same is subsequently reduced to
writing.
Conciliation:
Conciliation is a voluntary process where the aggrieved parties
attempt to resolve their dispute. Like mediation, a mutually
beneficial agreement is assisted by an independent third party.
The subjective satisfaction of the parties remains with them.
11. Advantages of ODR
Informal, flexible and not bound by strict rules of
procedure and evidence.
Low or no cost of participation
Well suited to low-dollar and high-volume
transactions.
Well suited to geographically disparate parties.
Well suited to disputes where parties may not
emotionally be able to be in the same room.
Well suited to accommodating physical disabilities.
Process is confidential.
Lawyers often not required.
12. Disadvantages of ODR
Requires access to and familiarity with Internet
technology.
Can be intimidating for people with language or
communications issues.
Lacks personal interaction.
Not necessarily binding or enforceable.
Poorly suited to complex matters.
Lawyers often not required.