LIJDLR

ONLINE DISPUTE RESOLUTION (ODR) AND ACCESS TO JUSTICE IN INDIA

Dr. Madhuri D. Kharat, Assistant Professor, School of Law, The NorthCap University, Gurugram (India)

Another revolutionary tool that can reinvent the access to justice contours in India is Online Dispute Resolution (ODR). ODR is a technologically viable and scalable alternative to judicial pendency, which in a country where traditional courts continue to be plagued by procedural backlog, geographical access, and litigation prohibitiveness, is out of proportion with over five crore cases case pendency. The fast growth of digital infrastructure, which occurs due to such efforts as Digital India, the spread of fintech services, and the development of e-commerce, has caused an increase in the number of conflicts that have to be effectively resolved in a short period of time. It is against this background that ODR can democratise the process of justice especially in matters of small value claims, consumer disputes, MSME conflicts, and cross border transactions. Nevertheless, ODR in India is at its inception. The lack of a specific statutory framework, unequal digital literacy, privacy and data protection concerns, a lack of standardisation of the processes and the digital gap still hamper its acceptance. The importance of ODR has been recognized in judicial pronouncements, reports on government policies, and institutional pilots, but more formal methods of integrating it with formal justice systems are suggested to be necessary. New legal contexts are forming with the introduction of the Digital Personal Data Protection Act, 2023, and the continued institutional transformation, which require the attention of scholars. This research paper is a critical review of how ODR is associated with access to justice in India. It discusses the development, models, institutional growth, regulatory issues and world practices. Moreover, it reviews the implication of AI-based dispute resolution and whether ODR can address traditional adjudication in any meaningful way, or replace or change it. The paper ends with solid suggestions to be addressed to make ODR a valid, safe, and inclusive justice dispensing tool. These findings indicate that although ODR cannot substitute courts, it can very well supplement the justice system should they be backed by sound legal and technological systems.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 692–710.
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