The pendency of over 40 million cases in our judicial system remains a focal point for reform and reduction.
This pendency makes a strong case for online dispute resolution (ODR).
Why are these cases pending?
Nearly a third of these cases have been pending for 3 to 30 years.
They are pending due to resource-dwindling litigation, case adjudication and difficulty in consensus resolution.
There are barriers to conflict resolution for the common man, because of,
Lack of access to courts and representation, or
Entry-level barriers such as linguistic or technology challenges.
All of this is routinely brought up by those who are impacted by it.
With the pandemic disrupting basic services delivery, the discussion is only going to expand in scope and volume.
What is the situation now?
Around 40 million cases are pending cases at the Supreme Court, High Courts and the district courts.
This seems more than significant, except that the courts are performing in an exemplary fashion to dispose of cases.
Around 25 lakh cases were heard virtually by courts across the country in the wake of the Covid-19 pandemic.
However, the key statistic is that the number of cases filed surpassed the disposal capacity.
The pandemic has, of course, accelerated this trend.
What is the case for ODR?
Given the escalating pendency, it is important that alternative methods for avoiding, containing and resolving disputes are adopted.
The access to justice isn’t just about having the means to resolve disputes but also ensuring that the means are efficacious and expeditious.
Keeping this context in mind, the growing focus on ODR in India is not without reason.
What is the significance of ODR?
ODR aligns with the current socio-economic setting.
It has a global precedent of being extremely successful, and above all, has principles of natural justice in its essence.
The foundational pillars of any successful ODR regime are trust, convenience and expertise.
India now has a long legacy of citizens trusting technology, whether in e-payments or in education and healthcare.
To augment dispute resolution mechanisms, Lok Adalats and Gram Nyalayas have been created as alternative options for affordable justice.
ODR has significantly large-scale potential for innovation.
What is the mechanism?
A three-stage mechanism can increase the potential of ODR for dispute avoidance, containment and resolution.
The mechanism should start with online ‘evaluation’, where there is dispute diagnosis and exploration of options for litigants.
Next, online ‘facilitation’ is resorted to, where facilitators and automated negotiation tools aid in non-adversarial resolution.
Finally, if the first two stages don’t result in a resolution, an online hearing is conducted, which is synonymous with online courts.
What is the ODR’s potential in India?
ODR has the potential to raise equity, fairness, access in the dispute resolution ecosystem in India.
The convenience brought by ODR has been exhibited by e-Lok Adalats conducted in several states, where disputes were resolved simply over WhatsApp audio/video calls.
Supply-side capabilities could also be enhanced through a relatively large and competent services pool for adjudication and representation.
ODR has the potential to be an effective alternative that utilises technology to bridge barriers and access in resolution.
Through facilitating low cost, technology-augmented, linguistically- friendly and incentivised dispute avoidance, containment and resolution, ODR could enhance justice delivery to all.
