ABSTRACT
In the present digital world, where people shop, work, and connect online, conflicts and disputes have also moved into the virtual space. Online Dispute Resolution (ODR) is a new approach or method to solve such problems using technology instead of going to traditional courts. This paper looks at how ODR works, why it is becoming important, and how it can help people resolve issues faster, cheaper, and more conveniently—especially in cases like online shopping disputes, contract disagreements, and cross-border conflicts. It also discusses the legal complexities, such as ensuring fairness, privacy, and access to justice. While ODR has great potential, especially in a country like India where court cases take a long time, the paper suggests that clear rules, strong digital platforms, and public awareness are necessary to make it truly effective. This paper highlights how ODR can be a modern solution to age-old legal problem if used with proper safeguards and support.
INTRODUCTION
Understanding the Meaning and Scope of ODR in India:
Modern Justice needs modern tools. Law shouldn’t stuck in the past while society moves forward. If it fails to keep up with changing values, technology, and needs, it either holds back progress or gets ignored. That’s why Courts need to interpret laws in a modern, flexible, and purposeful way-especially in today’s faced-pace digital world.
The Justice delivery system in India is gradually embracing technology to keep up with these changes. The traditional court system is being complemented by Online Dispute Resolution (ODR). It is a method of resolving conflicts, especially those related to online transactions and e-commerce. ODR offers a fast, affordable, and convenient way to handle these issues. As more people and businesses rely on the internet for contracts and purchases, disagreements are bound to happen and solving them efficiently online is the need of the hour. ODR is not the part of regular courts but is instead a part of ADR Mechanism.
Indian Courts have already started using technology to make legal process more convenient. In Basavaraj R. Patil vs. State of Karnataka, the court considered whether an accused must be physically present to answer questions under section 313. The judges notes that with today’s advanced technology and improved legal support, it is always necessary for the accused to appear in person. The judges pointed out that video conferencing can be a practical alternative, especially in cases where the accused lives far away or in remote areas, as it saves time and effort while still ensuring justice is served. This decision highlights how technology can make the legal system more accessible and efficient.
Similarly, In State of Maharashtra vs. Dr. Praful B. Desai, the Supreme court accepted that recording evidence over video is valid and is considered as if it was done in the presence of accused. These cases show that the judiciary is open to using modern technology to improve access to justice. As online shopping and digital communication become more common. ODR is proving to be a useful way to handle disputes quickly and efficiently. Promoting ODR can build public confidence and help people resolve their issues without unnecessary delays. The sooner we embrace such digital methods, the better it will be for everyone involved – both the people and the justice system.
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