NITI Aayog on November 29, 2021 released the report ‘Designing the Future of Dispute Resolution: The ODR Policy Plan for India’, to scale dispute avoidance, containment and resolution online.
Basic facts
- The roll out of the stated recommendations in the report can help make India a world leader in using technology and innovation through Online Dispute Resolution (ODR) for effective access to justice for every individual.
- The report is a culmination of the action plan made by a committee constituted at the peak of the Covid crisis by NITI Aayog on ODR in 2020 and chaired by Supreme Court Justice (Retd) AK Sikri.
- The report recommends measures at three levels to tackle challenges in adopting ODR framework in India. At the structural level, it suggests actions to increase digital literacy, improve access to digital infrastructure and train professionals as neutrals to deliver ODR services.
- At the behavioural level, the report recommends adoption of ODR to address disputes involving Government departments and ministries.
- At the regulatory level, the report recommends a soft-touch approach to regulate ODR platforms and services. This involves laying down design and ethical principles to guide ODR service providers to self-regulate while fostering growth and innovations in the ecosystem.
- The report also stresses on strengthening the existing legislative framework for ODR by introducing necessary amendments to statutes.
- The report offers a phased implementation framework for ODR in India.
What is ODR?
- ODR is the resolution of disputes, particularly small- and medium-value cases, using digital technology and techniques of ADR, such as arbitration, conciliation and mediation.
- It refers to the process of using technology for dispute avoidance, containment and resolution outside the traditional court system.
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