Online dispute resolution to decentralise justice delivery system: DY Chandrachud

Online dispute resolution (ODR) has the potential to decentralize and democratize the justice delivery system for citizens, Justice DY Chandrachud has said.

Speaking at the launch of Niti Aayog's Online Dispute Resolution Handbook on Friday, the Supreme Court justice mentioned that the ODR would make dispute resolution more affordable, amicable, and accessible.

''Online Dispute Resolution has the potential to decentralize, diversify, democratize and disentangle the justice delivery mechanism for the citizens in India,'' he said.

Justice Chandrachud mentioned that one of the most important learnings from the past year of virtual hearing has been that the process can often be far more efficient because of very simple changes the use of digital file by all parties, the ability to make digital notes and having all documents in one place.

''These small changes which improve the efficiency of the proceedings lead to quicker resolution,'' he added.

Despite resistance and insistence on moving back to physical hearings post the pandemic, Justice Chandrachud emphasized that ODR is the need of the hour, given its many benefits. ''Covid-19 has transformed our lives in unimaginable ways, which inevitably also included the way courts operated—with physical hearings giving way to virtual ones.

“The transition was difficult for everyone, including advocates, litigants and even court staff. However, while this process was initially slow, the concept of virtual hearings eventually came to find its place in the judicial ecosystem,” he said.

Justice Chandrachud said he firmly believes in the role ODR can play in today's digitally transformed world.

“This is not just because of the process being conducted virtually, but also because of its firm willingness to adopt all forms of digital solutions available,'' he said.

He also said that conducting all disputes online also helps generate a lot more data, which can provide the necessary groundwork for the process of ODR to improve in the future.

''In fact, this data can also be meaningfully used to improve the virtual experience of courts,'' Justice Chandrachud noted.

He said the ODR handbook helps us identify three things. ''First, the problem with status quo; second, how ODR can resolve the challenge; third, how this is the right time for mechanism,'' he said.

Niti Aayog CEO Amitabh Kant said online dispute resolution is a fast-evolving dispute resolution mechanism that uses technology not just to help but proactively access efficient and affordable justice delivery.

Kant also said that a panel led by Justice(Retired) A K Sikri is finalising a report on online dispute resolution which will help in making it the option of first recourse for several categories of claims in a dynamic fashion.

He said the ODR handbook is the outcome of collaborative work by several contributors. It intends to facilitate the process to adopt ODR in India and highlight actionable processes for businesses that wish to adopt ODR, Kant added.

Tata Sons Vice President Poornima Sampath said, ''We need to run businesses and judicial processes keeping in mind the value of time - Online Dispute Resolution enables that.'' ODR is the resolution of disputes outside courts, particularly of small and medium-value cases, using digital technology and techniques of alternate dispute resolution (ADR), such as negotiation, mediation, and arbitration.

According to an official statement, 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, the statement said.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)