Alternative ways to resolve a conflict


Online mediation

Online Dispute Resolution (ODR) is aODR consists of:
branch of dispute resolution which usesAutomated Negotiation
technology to facilitate the resolutionAssisted Negotiation
of disputes between parties. ItOnline Mediation
primarily involves negotiation,Online Arbitration
mediation or arbitration, or aAutomated Negotiation relates to those
combination of all three. In thismethods in which the technology takes
respect it is often seen as being theover (apects of) a negotiation. Most of
online equivalent of Alternative disputethe ODR services in this area are
resolution (ADR). However, ODR can alsoso-called 'blind-bidding' services. A
augment these traditional means ofblind bidding service is an auction
resolving disputes by applyingmechanism where some or all information
innovative techniques and onlineabout the players' bids is hidden. If
technologies to the process.the bids of both parties come within a
Alternative definitionspredetermined range the technology
In practice it is difficult to provide aautomatically settles the dispute.
self-contained definition of ODR, andIn Assisted Negotiation the technology
given the pace of change it may not evenassists the negotiation process between
be possible to do so. The use ofthe parties. The technology has a
technology usually involves the use ofsimilar role as the mediator in a
internet-based communications technologymediation. The role of the technology
at some stage, but ODR does notmay be to provide a certain process and
necessarily involve purely onlineor 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 computersare very similar to these offline
without internet connections.dispute resolution techniques. Most ODR
The range of terms and acronyms used toproviders offer services that use two or
describe the field augments themore of the methods mentioned above.
confusion often felt by those unfamiliarODR in India
with the new field of ODR. These termsOnline 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 informal and legal recognition in India.
recent years.Even the traditional arbitration law of
It is uncertain whether these processesIndia has been reformulated and now
form a new discipline of ADR or a toolIndia has Arbitration and Conciliation
to aid existing methods of disputeAct, 1996 in place that is satisfying
resolution. The most appropriate viewthe harmonised standards of UNCITRAL
would be to view ODR as anModel. Even the Code of Civil Procedure,
interdisciplinary field of dispute1908 has been amended and section 89 has
resolution.been introduced to provide methods of
Methods of ODRalternative dispute resolution (ADR) in
The most common typology of methods ofIndia.



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