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