Online mediation

Online Dispute Resolution (ODR) is a branch of disputeconsists of:
resolution which uses technology to facilitate theAutomated Negotiation
resolution of disputes between parties. It primarilyAssisted Negotiation
involves negotiation, mediation or arbitration, or aOnline Mediation
combination of all three. In this respect it is often seenOnline Arbitration
as being the online equivalent of Alternative disputeAutomated Negotiation relates to those methods in
resolution (ADR). However, ODR can also augmentwhich the technology takes over (apects of) a
these traditional means of resolving disputes bynegotiation. Most of the ODR services in this area are
applying innovative techniques and online technologiesso-called 'blind-bidding' services. A blind bidding service
to the process.is an auction mechanism where some or all information
Alternative definitionsabout the players' bids is hidden. If the bids of both
In practice it is difficult to provide a self-containedparties come within a predetermined range the
definition of ODR, and given the pace of change ittechnology automatically settles the dispute.
may not even be possible to do so. The use ofIn Assisted Negotiation the technology assists the
technology usually involves the use of internet-basednegotiation process between the parties. The
communications technology at some stage, but ODRtechnology has a similar role as the mediator in a
does not necessarily involve purely online processesmediation. The role of the technology may be to
– further, many could be replicated offlineprovide a certain process and/or to provide the parties
using pen and paper, or could be achieved usingwith 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 describeoffline dispute resolution techniques. Most ODR
the field augments the confusion often felt by thoseproviders offer services that use two or more of the
unfamiliar with the new field of ODR. These termsmethods 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 recenthave 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 newreformulated and now India has Arbitration and
discipline of ADR or a tool to aid existing methods ofConciliation Act, 1996 in place that is satisfying the
dispute resolution. The most appropriate view wouldharmonised standards of UNCITRAL Model. Even the
be to view ODR as an interdisciplinary field of disputeCode of Civil Procedure, 1908 has been amended and
resolution.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