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Adv. Rajesh, Chief coordinator, SoftSettle Support

The more I think of a change in the architecture of dispute resolution, the greater I have memoirs of Musthafa the lawyer turned businessman now settled in UAE. Mr. Musthafa is basically an Indian and a lawyer graduated in one of the law colleges of Kerala and he got fortunate enough to have his professional practice in UAE. But he did n’t want to be confined to his profession. At the same time he was keen to do some business using his legal background which he required to be more unique that serve the community as a whole. He met one Simi Raj who is a part time Mediator based in Trivandrum and it was suggested by Simi Raj that it would be ideal to start Mediation services or ADR in UAE.  Later he happened to meet some attorney back in London who advised him to go for ODR along with ADR which could fetch him more returns and the business group may be inspired by Musthafa’s newly found Dispute Resolution services. But at that time online resolution is in the embryo stage and Musthafa unnecessarily devoted more time in the research of ODR and his business did n’t get materialized. But he could able to investigate the pros and cons of ODR and he started writing a book about it. But unfortunately the publication of the book remained delayed.

But I can discuss the viewpoints he wanted to share with the community at this juncture and hope those would help you understand what is ODR or Online Dispute Resolution.

The dynamic growth of the Internet in national and international commerce has created a need to look at statutory frameworks for defining and dealing with legal non-compliance. New methods of communication have improved many areas of law – including modernizing processes for the out-of-court settlement of disputes, examples of which are constituted by systems for online dispute resolution.

ODR is still a growing field that is constantly developing with many people having a view of what it entails and how it should develop. That is why it is difficult to come out with a clear definition for ODR, as ODR is not widely understood. ODR is a new field, incorporating a broad range of concepts and involving a variety of procedures and methods. But as we try to conclude we can go to an extent to say ODR as essentially a dispute resolution that is carried out through the use of computers and the internet. Each form of ODR may use a different technological system, adapting the course of a given process. Online mediation can take different forms, from a fully automated Internet platform using a portal based on electronic chat or videoconferencing, to exclusive use of the asynchronous form of communication, i.e. through methods such as e-mail.

ODR techniques can be used in many ways, with different levels of integration into proceedings. Systems that have an intensive impact on proceedings may “support” parties by suggesting arguments or assessing their levels of satisfaction at each stage. Using advanced technologies allows the creation of computer algorithms that analyses all data entered into the system (Soft Settle).

I can vehemently support Mustafa’s contention that electronic methods emphasize the importance of direct procedures that improve knowledge of the parties׳ interests and create a positive emotional environment. As far as human attitudes are concerned, the interaction without confronting the opposite parties directly can make them presenting their interests without any inhibitions during negotiation under online mediation. While online arbitration is supposed to be a trail like procedure in a virtual court stimulate the counsels with confidence so as to present the case articulately and comprehensively followed with direct questioning and crossing the parties, witness etc., ultimately cause to fetch a binding decision from the part of the arbitrator or arbitrating tribunal.