Request for Inputs: Designing the Future of Dispute Resolution: The ODR Policy Plan for India, released by NITI Aayog

Terms of use

Terms of Use

The use of this site and the content contained therein is governed by the Terms of Use. When you use this site you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms hereof and such terms as may be modified from time to time.

All text, graphics, audio, design and other works on the site are the copyrighted works of nasscom unless otherwise indicated. All rights reserved.
Content on the site is for personal use only and may be downloaded provided the material is kept intact and there is no violation of the copyrights, trademarks, and other proprietary rights. Any alteration of the material or use of the material contained in the site for any other purpose is a violation of the copyright of nasscom and / or its affiliates or associates or of its third-party information providers. This material cannot be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way for non-personal use without obtaining the prior permission from nasscom.
The nasscom Members login is for the reference of only registered nasscom Member Companies.
nasscom reserves the right to modify the terms of use of any service without any liability. nasscom reserves the right to take all measures necessary to prevent access to any service or termination of service if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right.
From time to time nasscom may supplement these terms of use with additional terms pertaining to specific content (additional terms). Such additional terms are hereby incorporated by reference into these Terms of Use.

Disclaimer

The Company information provided on the nasscom web site is as per data collected by companies. nasscom is not liable on the authenticity of such data.
nasscom has exercised due diligence in checking the correctness and authenticity of the information contained in the site, but nasscom or any of its affiliates or associates or employees shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the information contained in this site. The information from or through this site is provided "as is" and all warranties express or implied of any kind, regarding any matter pertaining to any service or channel, including without limitation the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed. nasscom and its affiliates and associates shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the site. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation.
nasscom or its affiliates or associates or its employees do not provide any judgments or warranty in respect of the authenticity or correctness of the content of other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the site.
The content provided is for information purposes alone and does not substitute for specific advice whether investment, legal, taxation or otherwise. nasscom disclaims all liability for damages caused by use of content on the site.
All responsibility and liability for any damages caused by downloading of any data is disclaimed.
nasscom reserves the right to modify, suspend / cancel, or discontinue any or all sections, or service at any time without notice.

For any grievances under the Information Technology Act 2000, please get in touch with Grievance Officer, Mr. Anirban Mandal at data-query@nasscom.in.

New

See all

No notification found.

Request for Inputs: Designing the Future of Dispute Resolution: The ODR Policy Plan for India, released by NITI Aayog

Garima Prakash

@GarimaP

November 5, 2020

Public Policy

510

NITI Aayog has released a draft discussion paper titled ‘Designing the Future of Dispute Resolution: The ODR Policy Plan for India’ (ODR Paper).

Online Dispute Resolution (ODR) refers to the use of technology to resolve disputes. It goes beyond the mere integration of technology in the dispute resolution processes (such as virtual scheduling) and includes the use of technology throughout the dispute resolution process, such as video conferencing and digital circulation of files. The ODR paper discusses various benefits of ODR such as, cost and time effectiveness, increased access to justice and improved legal health of the society. It acknowledges the role of the technology sector by, inter alia, providing solutions for ODR platforms thus making the implementation of ODR possible in India. Innovation has been seen with the evolution of legal tech start-ups that are enabling out of court settlement of various disputes. The advancement of information technology by way of artificial intelligence (AI), big data, machine learning (ML) and blockchain has potential to be increasingly embedded in legal processes. For example, by developing e-learning tools on legal guidance, creating digital platforms to connect legal service providers to litigants, document automation, smart contracts and case management automation.

The ODR discussion paper highlights recent trends that have emerged globally across the following themes and makes recommendations for the better implementation and scaling up of ODR in India.

Recent trends:
1. Structure and model of ODR
• Multi-tiered dispute resolution models are being widely adopted.
• ODR tools are supplementing existing models of dispute resolutions, to enable synergetic functioning of ODR platforms with existing offline systems.
• Consumer disputes has come across as one of the most suitable categories of disputes where ODR can be adopted.
• ODR has as much potential for growth and expansion through technological innovations in this field and is not merely limited to an electronic means of resolving disputes.

2. Role of private sector in ODR
• Private enterprises, especially those working in internet-based sectors, are increasingly resorting to ODR to save on time and money in resolving disputes.
• Many Government-run and court-annexed ODR platforms have partnered with private ODR service providers and adopted technology solutions.

3. Good practices in ODR
• Technological solutions need to be geared towards cyber security, as confidentiality of proceedings is a primary concern.

Recommendations:

1. Need for increased access to digital infrastructure (for eg. National Broadband Mission) including increased digital literacy across both genders, geographies and age groups.
2. Increase capacity of professionals and service providers to scale up ODR in India through systematic engagement of government, judiciary and businesses.
3. The Government should target initiatives to encourage innovation and new entrants, for example by, setting up legal tech hubs, encourage development of customizable solutions for various classes of disputes etc.
4. Increasing the capacity of court-annexed ODR centres, for example, by equipping them with primary ICT facilities, relaxing criteria for empanelment of mediators and recognition of institutions for court-annexed mediation etc.
5. Scale-up the existing ODR mechanisms, such as, using ODR to resolve insolvency and bankruptcy disputes, include online mediation in consumer dispute redressal process etc.
6. Build trust in ODR processes through coordinated efforts from all stakeholders, i.e., dispute resolution professionals, lawyers, ODR/ADR institutions, ODR platforms, Government and the Judiciary.
7. Incentivise start-ups to build ODR platforms or participate in the ecosystem in any way, by way of, for example, tax incentives.
8. Adopt a soft-touch regulatory approach so as to not stifle innovation and encourage the development of ODR in India, by mandating pre-litigation online mediation for certain classes of cases and introducing a set of voluntary principles governing technology and design of ODR platforms (such as use of free and open source software) and ethical obligations (such as impartiality and confidentiality) for stakeholders to follow.
9. Implement ODR in a three phased manner: first, ODR for covid-19 related disputes, second, ODR as a mainstream dispute resolution mechanism, and third, implementing ODR as a primary mode of dispute resolution.

We would like to have your feedback on the draft discussion paper. The deadline for providing feedback to NITI Aayog is 11 November 2020.
Request to share your inputs or reach out for any queries at garima@nasscom.in latest by 9 November 2020.

NITI Aayog dispute resolution ODR legal processes online dispute resolution

Disclaimer

That the contents of third-party articles/blogs published here on the website, and the interpretation of all information in the article/blogs such as data, maps, numbers, opinions etc. displayed in the article/blogs and views or the opinions expressed within the content are solely of the author's; and do not reflect the opinions and beliefs of NASSCOM or its affiliates in any manner. NASSCOM does not take any liability w.r.t. content in any manner and will not be liable in any manner whatsoever for any kind of liability arising out of any act, error or omission. The contents of third-party article/blogs published, are provided solely as convenience; and the presence of these articles/blogs should not, under any circumstances, be considered as an endorsement of the contents by NASSCOM in any manner; and if you chose to access these articles/blogs , you do so at your own risk.

Garima Prakash

Manager, Public Policy and Government Affairs

Reach out to me for all things policy about e-commerce, international trade, export controls, start-ups and fintech