| Online Dispute Resolution (ODR) is a branch | | | | consists of: |
| of dispute resolution which uses technology | | | | |
| to facilitate the resolution of disputes | | | | Automated Negotiation |
| between parties. It primarily involves | | | | |
| negotiation, mediation or arbitration, or a | | | | Assisted Negotiation |
| combination of all three. In this respect it | | | | |
| is often seen as being the online equivalent | | | | Online Mediation |
| of Alternative dispute resolution (ADR). | | | | |
| However, ODR can also augment these | | | | Online Arbitration |
| traditional means of resolving disputes by | | | | |
| applying innovative techniques and online | | | | Automated Negotiation relates to those |
| technologies to the process. | | | | methods in which the technology takes over |
| | | | (apects of) a negotiation. Most of the ODR |
| Alternative definitions | | | | services in this area are so-called |
| | | | 'blind-bidding' services. A blind bidding |
| In practice it is difficult to provide a | | | | service is an auction mechanism where some or |
| self-contained definition of ODR, and given | | | | all information about the players' bids is |
| the pace of change it may not even be | | | | hidden. If the bids of both parties come |
| possible to do so. The use of technology | | | | within a predetermined range the technology |
| usually involves the use of internet-based | | | | automatically settles the dispute. |
| communications technology at some stage, but | | | | |
| ODR does not necessarily involve purely | | | | In Assisted Negotiation the technology |
| online processes – further, many could | | | | assists the negotiation process between the |
| be replicated offline using pen and paper, or | | | | parties. The technology has a similar role as |
| could be achieved using computers without | | | | the 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 to | | | | specific (evaluative) advice. The online |
| describe the field augments the confusion | | | | equivalents of mediation and arbitration are |
| often felt by those unfamiliar with the new | | | | very 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 in | | | | 2000) 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 form | | | | arbitration law of India has been |
| a new discipline of ADR or a tool to aid | | | | reformulated and now India has Arbitration |
| existing methods of dispute resolution. The | | | | and Conciliation Act, 1996 in place that is |
| most appropriate view would be to view ODR as | | | | satisfying the harmonised standards of |
| an interdisciplinary field of dispute | | | | UNCITRAL Model. Even the Code of Civil |
| resolution. | | | | Procedure, 1908 has been amended and 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 | | | | |