Technology Could Make Justice Delivery Efficient and Affordable

Context: The adoption of online dispute resolution mechanisms can pre-empt a spike in cases and lighten the burden of our courts.

Advantages of Online Dispute Resolution (ODR) Mechanism 

• Dispute Avoidance: ODR has the potential to be both transformative and disruptive in helping reduce matters before the courts through collaborative resolution mechanisms.

• • • ODR could help solve small- and medium-value disputes at scale before they reach formal court processes. For E.g. adoption of e-Lok Adalats.

• Adaptive and Innovative: The Supreme Court’s efforts have been exemplary, far exceeding the volume of online hearings conducted in other jurisdictions across the world.

• The Singapore International Arbitration Centre has released guidance documents for video-conferencing-led remote participation in hearings.
• In the European Union, an ODR platform provided by the European Commission helps make online shopping transactions fairer and safer.
• The United States launched MI-Resolve in response to COVID-19, which is an online tool to resolve small disputes.
• Ease of Access and Equitability:
• For E.g. The Supreme Court has introduced e-filing and facilitated the creation of infrastructure around the New Delhi district courts for lawyers and litigants to access hearings.
• Due to reduced cost and expenses involving in a dispute, the justice delivery mechanism becomes more equitable.

• Increased Efficiency: 

• Asynchronous Communication: doing away with the need for parties to be present in person.
• Technology as the Fourth Party: By providing the choice of place and time to the litigants avoiding simultaneous hearings.

Way Forward:

• Reimagining dispute resolution as a service: rather than relatable to a place called courts where justice is delivered. – Justice D.Y.Chandrachud
• ODR at the district level: as an ease-of-living initiative that assures affordable access to justice.
• The ease of doing business could be stimulated by ODR mechanisms that ensure timely resolution in large numbers.

Conclusion: ODR could well be what binds instant adaptability with India’s larger goal of finding technology-driven solutions that help the common man secure timely, affordable and efficient justice delivery.