| Online Dispute Resolution (ODR) is a branch of dispute | | | | consists of: |
| resolution which uses technology to facilitate the | | | | Automated Negotiation |
| resolution of disputes between parties. It primarily | | | | Assisted Negotiation |
| involves negotiation, mediation or arbitration, or a | | | | Online Mediation |
| combination of all three. In this respect it is often seen | | | | Online Arbitration |
| as being the online equivalent of Alternative dispute | | | | Automated Negotiation relates to those methods in |
| resolution (ADR). However, ODR can also augment | | | | which the technology takes over (apects of) a |
| these traditional means of resolving disputes by | | | | negotiation. Most of the ODR services in this area are |
| applying innovative techniques and online technologies | | | | so-called 'blind-bidding' services. A blind bidding service |
| to the process. | | | | is an auction mechanism where some or all information |
| Alternative definitions | | | | about the players' bids is hidden. If the bids of both |
| In practice it is difficult to provide a self-contained | | | | parties come within a predetermined range the |
| definition of ODR, and given the pace of change it | | | | technology automatically settles the dispute. |
| may not even be possible to do so. The use of | | | | In Assisted Negotiation the technology assists the |
| technology usually involves the use of internet-based | | | | negotiation process between the parties. The |
| communications technology at some stage, but ODR | | | | technology has a similar role as the mediator in a |
| does not necessarily involve purely online processes | | | | mediation. The role of the technology may be to |
| – further, many could be replicated offline | | | | provide a certain process and/or to provide the parties |
| using pen and paper, or could be achieved using | | | | with specific (evaluative) advice. The online equivalents |
| computers without internet connections. | | | | of mediation and arbitration are very similar to these |
| The range of terms and acronyms used to describe | | | | offline dispute resolution techniques. Most ODR |
| the field augments the confusion often felt by those | | | | providers offer services that use two or more of the |
| unfamiliar with the new field of ODR. These terms | | | | methods mentioned above. |
| include: | | | | ODR in India |
| internet Dispute Resolution (iDR) | | | | Online dispute resolution (ODR) in India is in its infancy |
| Electronic Dispute Resolution (eDR) | | | | stage and it is gaining prominence day by day. With |
| electronic ADR (eADR) | | | | the enactment of Information Technology Act, 2000 |
| online ADR (oADR) | | | | (IT Act, 2000) in India, e-commerce and e-governance |
| ODR has emerged as the preferred term in recent | | | | have been given a formal and legal recognition in India. |
| years. | | | | Even the traditional arbitration law of India has been |
| It is uncertain whether these processes form a new | | | | reformulated and now India has Arbitration and |
| discipline of ADR or a tool to aid existing methods of | | | | Conciliation Act, 1996 in place that is satisfying the |
| dispute resolution. The most appropriate view would | | | | harmonised standards of UNCITRAL Model. Even the |
| be to view ODR as an interdisciplinary field of dispute | | | | Code of Civil Procedure, 1908 has been amended and |
| resolution. | | | | section 89 has been introduced to provide methods of |
| Methods of ODR | | | | alternative dispute resolution (ADR) in India. |
| The most common typology of methods of ODR | | | | |