BATCH 2023-24

SYNOPSIS
ON
“ONLINE DISPUTE RESOLUTION MECHANISM-ENHANCING ACCESS
TO JUSTICE IN CYBERSPACE”

"CYBER LAW"

SUBJECT CODE -10CL0302

SUBMITTED TO- SUBMITTED BY-

MS. KANISHKA TYAGI DIPAKKUMAR J.CHAUHAN
ASSISTANT PROFESSOR ROLL NO.92301078006
FACULTY OF LAW, BSC.(MICRO),C.M.L.T.,LL.B
MARWADI UNIVERSITY LL.M. (TRIMESTER-3)

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 INTRODUCTION

Online dispute resolution (ODR) is a form of dispute resolution which uses technology to facilitate
the resolution of disputes between parties.

It primarily involves negotiation, mediation or arbitration, or a combination of all three. In this

respect it is often seen as being the online equivalent of alternative dispute resolution (ADR).
However, ODR can also augment these traditional means of resolving disputes by applying
innovative techniques and online technologies to the process.

ODR is a wide field, which may be applied to a range of disputes; from interpersonal disputes
including consumer to consumer disputes (C2C) or marital separation; to court disputes and interstate
conflicts. It is believed that efficient mechanisms to resolve online disputes will impact in the
development of e-commerce. While the application of ODR is not limited to disputes arising out of
business to consumer (B2C) online transactions, it seems to be particularly apt for these disputes,
since it is logical to use the same medium (the internet) for the resolution of e-commerce disputes
when parties are frequently located far from one another.

Dispute resolution techniques range from methods where parties have full control of the procedure,
to methods where a third party is in control of both the process and the outcome. These primary
methods of resolving disputes may be complemented with Information and Communication
Technology (ICT). When the process is conducted mainly online it is referred to as ODR, i.e. to carry
out most of the dispute resolution procedure online, including the initial filing, the neutral
appointment, evidentiary processes, oral hearings if needed, online discussions, and even the
rendering of binding settlements. Thus, ODR is a different medium to resolve disputes, from
beginning to end, respecting due process principles.

Three essential components differentiate court-related ODR from other forms of technology-
supported dispute resolution:

• The first is that the program operates exclusively online. In contrast to other court programs that
provide an online interface with which to accomplish discrete tasks (e.g., e-filing, video hearings),
ODR users do not otherwise interact with the court for traditional in-court procedures or events.

• The second is that the program is explicitly designed to assist litigants in resolving their dispute
or case, rather than a technology platform to support judicial or court staff decision-making.
Dispute resolution inherently includes the potential to challenge the validity of claims or to raise

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 affirmative defences; court-related ODR is not merely a platform for defendants to negotiate a
payment schedule to satisfy debts.

• Third, the program is hosted or supported by the judicial branch. It is not a form of private ADR,
but instead integrates and extends dispute resolution services offered by the judicial branch into
digital space to serve citizens efficiently, effectively, transparently, and fairly.

The range of terms and acronyms used to describe the field augments the confusion often
felt by those unfamiliar with the new field of ODR. These terms include:

 Internet Dispute Resolution (IDR)

 Electronic Dispute Resolution (EDR)
 Electronic ADR (EADR)
 Online ADR (OADR)
 Technology Assisted Dispute Resolution (TADR)

ODR has emerged as the most used term in recent years.

It is uncertain whether these processes form a new discipline of ADR or a tool to aid existing
methods of dispute resolution. The most appropriate view would be to view ODR as
an interdisciplinary field of dispute resolution.

REVIEW OF LITERATURE

According to Cortes, The use of technology and alternative dispute resolution (ADR) methods,
including ODR, has been advocated to enhance access to justice, especially for consumers.
According to Gabuthy and Zhang, Major ODR mechanisms have primarily focused on the
commercial market, reflecting the need for efficient dispute resolution in the era of digital
globalization.

RESEARCH METHODOLOGY

The research methodology of ODR in enhancing access to justice in cyberspace is characterized by a

multidisciplinary approach, incorporating elements of technology, alternative dispute resolution
methods, and stakeholder perceptions to address the complexities of online dispute resolution.

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 HYPOTHESES

It suggests that the implementation of ODR mechanisms can play a significant role in enhancing
access to justice in cyberspace by addressing barriers such as physical distance, high costs, and
procedural complexities associated with traditional dispute resolution methods. Further research and
empirical studies can help validate this hypothesis and provide insights into the effectiveness of ODR
in promoting justice in online environments.

STATEMENT OF PROBLEM

 ODR mechanisms involve the exchange of sensitive information and data, raising concerns about
privacy and data security. Ensuring the confidentiality and security of information shared during the
dispute resolution process is crucial to maintaining trust and confidence in ODR platforms.
 Ensuring the enforceability of decisions made through ODR platforms can be challenging, especially
across different jurisdictions with varying legal frameworks. Parties may be hesitant to participate in
ODR if they are uncertain about the enforceability of outcomes, leading to reluctance in using ODR
for resolving disputes.

OBJECTIVES

The objectives of online dispute resolution (ODR) in enhancing access to justice in cyberspace are
multifaceted and encompass various dimensions. Firstly, the development of autonomous tools to
increase the effectiveness of dispute resolution processes, by providing decision support and increasing
the availability of meaningful information for the parties, is a key objective. This aligns with the aim
of ODR to streamline and improve the efficiency of resolving disputes, ultimately enhancing access
to justice.

The intention to support out-of-court settlement of consumer disputes, ensuring straightforward and
low-cost access to justice, is a crucial objective in the realm of ODR. This objective emphasizes the
role of ODR in providing accessible and efficient mechanisms for consumers to seek redress, thereby
enhancing their access to justice in cyberspace.

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 RESEARCH QUESTIONS

1. How does the awareness and understanding of ODR platforms impact the willingness of
individuals and businesses to use online dispute resolution for resolving conflicts in online
transactions?

2. What are the challenges and barriers faced by individuals and businesses in accessing justice
online through ODR mechanisms, and how can these obstacles be overcome?

3. How do trust, credibility, and transparency in ODR processes affect the effectiveness of
online dispute resolution in promoting access to justice in cyberspace?

4. What role does technology play in facilitating the resolution of disputes online, and how can
advancements in technology enhance the efficiency and effectiveness of ODR mechanisms
for providing access to justice?

TENTATIVE CHAPTERISATION

CHAPTER 1 INTRODUCTION

CHAPTER 2 THE CONCEPT OF ONLINE DISPUTE RESOLUTION

CHAPTER 3 DIGITAL JUSTICE: CHANGING APPROACHES OF ODR

CHAPTER 4 CONCLUSION

BIBLIOGRAPHY

CONCLUSION

ODR came to represent a deep shift from traditional dispute resolution, laying the foundation for
realizing digital justice, offering fair and efficient processes that are designed for the digital era.
ODR emerged from an online environment that was rich with misunderstandings and disputes,
but deficient in avenues for effectively addressing them. Various features of ODR that were initially
viewed as short-comings, such as documentation, are now seen as potentially advantageous by
facilitating better monitoring, quality control, consistency, and a higher degree of transparency in
informal dispute resolution.

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 BIBLIOGRAPHY

BOOKS

Rijgersberg, Rudolf W., The State of Interdependence: Globalization, Internet and

Constitutional Governance (TMC Asser Press, 2010). Rule, Online Dispute Resolution
for Business. B2B, E-Commerce, Consumer, Employment, Insurance, and Other Commercial
Conflict

Vilalta, ‘ODR and E-Commerce’ in Mohammed S. Abdel Wahab, Ethan Katsh, and Daniel
Rainey (Eds), Online Dispute Resolution: Theory and Practice. A Treatise on
Technological and Dispute Resolution (Eleven International Publishing, 2012).

WEBSITES REFERRED

https://en.wikipedia.org/wiki/Online_dispute_resolution#:~:text=Online%20dispute%20resolu
tion%20(ODR)%20is,a%20combination%20of%20all%20three

https://www.ncsc.org/odr/guidance-and-
tools#:~:text=Court%2Drelated%20Online%20Dispute%20Resolution,the%20program%20o
perates%20exclusively%20online

https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2596267