Alternative ways to resolve a conflict


Online mediation

Online Dispute Resolution (ODR) is a branchconsists  of:
of dispute resolution which uses technology
to facilitate the resolution of disputesAutomated  Negotiation
between parties. It primarily involves
negotiation, mediation or arbitration, or aAssisted  Negotiation
combination of all three. In this respect it
is often seen as being the online equivalentOnline  Mediation
of Alternative dispute resolution (ADR).
However, ODR can also augment theseOnline  Arbitration
traditional means of resolving disputes by
applying innovative techniques and onlineAutomated Negotiation relates to those
technologies  to  the  process.methods in which the technology takes over
(apects of) a negotiation. Most of the ODR
Alternative  definitionsservices in this area are so-called
'blind-bidding' services. A blind bidding
In practice it is difficult to provide aservice is an auction mechanism where some or
self-contained definition of ODR, and givenall information about the players' bids is
the pace of change it may not even behidden. If the bids of both parties come
possible to do so. The use of technologywithin a predetermined range the technology
usually involves the use of internet-basedautomatically  settles  the  dispute.
communications technology at some stage, but
ODR does not necessarily involve purelyIn Assisted Negotiation the technology
online processes – further, many couldassists the negotiation process between the
be replicated offline using pen and paper, orparties. The technology has a similar role as
could be achieved using computers withoutthe mediator in a mediation. The role of the
internet  connections.technology may be to provide a certain
process and/or to provide the parties with
The range of terms and acronyms used tospecific (evaluative) advice. The online
describe the field augments the confusionequivalents of mediation and arbitration are
often felt by those unfamiliar with the newvery similar to these offline dispute
field  of  ODR.  These  terms  include:resolution techniques. Most ODR providers
offer services that use two or more of the
internet  Dispute  Resolution  (iDR)methods  mentioned  above.
Electronic  Dispute  Resolution  (eDR)ODR  in  India
electronic  ADR  (eADR)Online dispute resolution (ODR) in India is
in its infancy stage and it is gaining
online  ADR  (oADR)prominence day by day. With the enactment of
Information Technology Act, 2000 (IT Act,
ODR has emerged as the preferred term in2000) in India, e-commerce and e-governance
recent  years.have been given a formal and legal
recognition in India. Even the traditional
It is uncertain whether these processes formarbitration law of India has been
a new discipline of ADR or a tool to aidreformulated and now India has Arbitration
existing methods of dispute resolution. Theand Conciliation Act, 1996 in place that is
most appropriate view would be to view ODR assatisfying the harmonised standards of
an interdisciplinary field of disputeUNCITRAL Model. Even the Code of Civil
resolution.Procedure, 1908 has been amended and section
89 has been introduced to provide methods of
Methods  of  ODRalternative dispute resolution (ADR) in
India.
The most common typology of methods of ODR



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