A Critical Analysis of Online Dispute Resolution in India: Justice in the Digital Age

Abstract

In the era of technological advancement, the traditional method of dispute resolution, that is, litigation and Alternative Dispute Resolution (ADR) has evolved into a new paradigm, Online Dispute Resolution (ODR). Through ODR, parties can resolve disputes entirely online, encompassing every stage of the process, from filing a claim and conducting oral hearings to presenting witness testimony and obtaining outcomes such as mediated settlement agreements or arbitral awards. However, this shift is not ideal and without challenges, including issues such as the digital divide and concerns over privacy. In this paper, the authors examine the ODR platform Sama and its rules on arbitration and mediation, analyze the challenges facing ODR, and conclude by emphasizing the need for statutory recognition and a legal framework for ODR in India.