Adv.Meerza Zaheer, Senior Associate, SoftSettle Support
We have been trying to make our locally based people
to have an awareness of dispute resolution particularly in respect of divorce,
custody of children and other family conflicts by means of ADR or ODR so as to
keep the affected away from expensive court litigation. Further parties to the
family disputes used to have very bitter experiences in the court room as well
as in the premises of the court. Hence with the help of agents like some local
associations bent on women empowerment we could gather some favorable results
against our campaign and to our surprise some families positively responded to
our digital marketing about online dispute resolution.
Online dispute resolution (ODR) is a branch of dispute
resolution which uses technology to facilitate the resolution of disputes
between parties. ODR is a process consisting of online negotiation, mediation
or arbitration or a combination of all three. ODR can supplement these
traditional means of resolving disputes by applying innovative techniques and
online technologies to the process.
ADR though accepted by the present generation to be
treated to be an ideal alternative to the expensive court litigation, ODR could
able to muster certain benefits that brings ODR and edge over traditional ADR.
Recently a number of Web Sites have emerged that offer online
mediation. Online mediation takes place in a secure web space with the parties
communicating through telephone, video, and text. Online Mediation has the
following advantages:
§ Convenient and flexible
§ Secure and confidential
§ Quicker
§ Less costly
§ The parties don;t have to meet face-to-face in the same
room.
§ If the parties are separated by distance, online mediation can be an
efficient solution.
Online
divorce mediation will increase popularity in the next decade as online
technology becomes more powerful.
The primary and significant factor to this effect is
the non-confrontation character of the process. The disputants do not have to
meet face-to-face directly, which could sometimes lead to violence between
spouses in front of a mediation table.
The second aspect is that settlements of Family Dispute
by means of ODR can occur at any time, with participants located in different
countries.
SoftSettle Support has come to the foray of the online
dispute resolution using the platform MEDIATOR AFFAIR being integrated in the interactive
portal www.odrsupport.com. Online General Mediation facilitates Family Dispute Resolution involving just two
people in conflict, or include extended family members. Where there are issues
related to child protection, pre-break ups, divorce, post-divorce and custody
of children and other family conflicts, mediation may involve full family group
conferencing if required. The
introduction of information technology could able to promote the online dispute
resolution to an extent where the clients would be benefitted while using the platform MEDIATOR
AFFAIR which could facilitate the parties to go for an easy discussions (without having direct
confrontation with other parties) to reach a settlement.
That being said, not all disputes are driven by emotion. For some the
desire to resolve the dispute quickly and at low cost will be more important
than addressing emotions face to face. In terms of process there must be a
compromise which recognises that dispute resolution is not just about
addressing emotional aspects of the dispute. Online mediation provides a
mechanism to address the two issues that raise the blood pressure of most
clients: cost and delay. What is needed is for clients and their advisers to
adapt their skills that they have honed in the “real” world to dispute
resolution in the online world.
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