Mainstreaming Online Dispute Resolution in India: Diligence for Access to Justice

  • R. Rajashree
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  • R. Rajashree

    Guest Faculty at School of Excellence in Law, Tamil Nadu Dr. Ambedkar Law University, India

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Abstract

Access to justice is a fundamental principle of the administration of justice. Indian Courts are burdened with a huge backlog of pending cases. The Internet as a medium has revolutionized many areas of life, including law. ODR, a synergy of Alternative Dispute Resolution and Information and Communication Technology tools aims at rendering an amicable settlement of disputes via online proceedings which might resolve a wide range of disputes ranging from interpersonal disputes to court disputes and interstate disputes or conflicts. It is considered to be a more convenient, time-efficient and cheaper method over litigation and merely a practicable solution. Online Dispute Resolution which uses modern internet tools will set a good example of the existence of specialized legal methods for serving Justice. It is the need of the hour to incentivise the service of Online Dispute Resolution mechanisms as a resolution tool to enforce cost-efficient and fast-track remote dispute resolution. The current status of the dispute resolution in India catalyzes the innovation of Online Dispute Redressal. This paper attempts to discuss the contribution of Indian Government in par with global initiatives. The study aims to analyse the legislative framework supporting alternative dispute resolution mechanism in India and discusses the India’s step towards introduction of Online Dispute redressal to the already existing legal framework and the need for its effective implementation in India in terms of rendering justice. The paper discusses the prospective view of Indian Judiciary in implementing information and communication technology tools into the Court system and enhancement of dispute redressal landscape by its effective interpretations. The paper concludes by emphasizing the myriad initiatives of the executive in mainstreaming the Online Dispute Resolution mechanism in India along with the applaudable contribution of the European Union towards development and promotion of Online Dispute Resolution mechanism in the developing countries.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 1099 - 1107

DOI: https://doij.org/10.10000/IJLMH.116833

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