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Adv.Rajesh, Chief Coordinator, SoftSettle Support

With the internet becoming an inevitable part of human life, the dispute resolution method also underwent a technological revolution and the outcome of ODR or online dispute resolution to be carried out with the help of internet technology has turned out to be the most advanced and unique form of Dispute Resolution Method in the world. In other words, this type of technology (Internet and Communications) aided dispute resolution is the most stable and solid form to bring justice to the door steps all around the world across borders without resorting to any movements.

 The elements of traditional alternative dispute resolution like face to face interaction with the mediators and opposite party, to some extent, are quite strange to ODR or online dispute resolution. Still holding the properties of the traditional ADR, ODR promotes a virtual scenario to facilitate the mediator or any presiding officer interacting with the disputing parties. By formulating a technology stimulated ambience, ODR has cleared a way for bringing justice most transparently and thus winning the trust of the people.

 The approach to justice will become easier and quick with the aid of technology supported ODR. A key advantage of resolving disputes through the use of cyber-mediation is that it avoids the issue of whether a particular court has jurisdiction over the dispute. Since disputants can bind themselves to resolution through an agreement, jurisdictional issues can be avoided altogether.

 The claim of saving court litigation expenses used to be the primary advantage of the traditional dispute resolution. The business segments all around the world is experiencing a tough time as the result of the recession prevailing and dominating in all countries. It has become indispensable for even ordinary individuals to stabilize their financial position at this juncture. Hence to a great extent Online Dispute Resolution has become a blessing to the society so far as this method can be adopted to make the resolution process most cost effective.

 It is relatively easy to identify some of the cost savings that can be achieved through greater reliance on technology. Video-conferencing may eliminate the need for physical travel which used to be long and tedious one to reach particular forum to participate in the alternative dispute resolution process. The ability to communicate one’s own internet service provider or the most emerged segment of internet technology in the form of Wi-Fi access hot-spots allows individuals to interact from wherever, and often whenever, it is most convenient. This level of convenience obviously saves both money and time.

 There are some infallible realities in the resolution process conducted through Internet technology. This method invokes special attention of the business people so far as the features like convenience, transparency, competitiveness, neutrality to an extent strange to the traditional alternative dispute resolution (ADR) process. In addition ODR benefits the business community across borders and ODR is a borderless “service business” opportunity. If you can resolve disputes without needing to travel, you can set up office anywhere. Resolve disputes without travelling and you opened your opportunity to the world.

These service businesses will be evaluated on their ease of use, technological innovations, and rates of positive consumer responses. The evaluation to the extent where .com business will have to show the results and let the world know that they are best. Thus the transparency, competency and neutrality will automatically become the market values.

 As social media becomes more important in our lives, fundamental value have started changing Digital information can be captured easily and transferred quickly. Given the ease with which digital information can be shared and our inability to ensure that confidential information is not circulated outside specific parameters. The willingness to integrate technology inspite of reservations about confidentiality is fueled by the belief that whatever is lost in terms of privacy is less valuable than what can be gained in terms of efficiency, transparency and convenience. So question remains answered without any second thoughts that people can forgo privacy for transparency.

We can have a brief discussion about the e-negotiation in turn facilitating mediation and arbitration.

 Facilitated negotiation involves the provision secure websites such as virtual collaborative workspaces or e-rooms the parties to exchange messages, share documents and engage in synchronous or asynchronous negotiations. This is a basic ODR service offered by a number of providers such as the Mediation Room. Here facilitation is offered by the technology itself and the process rules established e-room provider, rather than a human mediator.

However human mediators can also use this type of software to conduct online mediation processes. Online applications specifically set up for mediators to use are referred to as integrated mediation platforms and are offered by some leading service (ODR) providers.

 Another example can be found in automated negotiation such as blind bidding procedures that offer positional negotiation and a formula for calculating settlements without human third-party intervention; these are available in the United States for insurance claims arising from car accidents and personal injury claims.

Yet another ODR technology takes the form of negotiation support systems, which allow the manipulation of negotiation variables for participants so they can consider a range of options and alternatives, and can provide an overview of negotiation stages (in mediation) and expert advice on strategies and outcomes. Mediators are able to use this type of technology to assist parties in their negotiations.

Whereas mediators are referred to as the ‘third party’, in the world of online mediation, technology is referred to as the ‘fourth party’. The concept of the fourth party suggests that technology changes the communication and power dynamics of the mediation process, opening up new and imaginative ways for mediators to intervene, and parties and lawyers to engage, in the process. It also introduces new risks for users relating to issues around security of the online platform, authenticity of online participants and what to do with a written record of a text-based ODR process.

The future of online mediation will depend largely on the ability of mediators and potential users to access and accept the fourth party and specific ODR platforms. While there is still some skepticism about the ability of technology to facilitate solutions, build relationships and maintain trust in the process, it seems that an increasing number of mediators and users of mediation are open to the idea of ODR.