You may not have to go to court if you have these disputes.
Sounds nice, right?
1.Business to Consumer Disputes
ODR first started as a platform to solve B2C disputes. Squaretrade provided a resolution centre for problems while buying/selling at eBay.
Examples of ODR providers that resolve high volume of consumer disputes are eBay and PayPal, which act as third neutral parties encouraging first business and consumers to reach amicable agreements through automated negotiation, and when parties cannot reach consensual agreements, they adjudicate the disputes. Other websites include Youstice, Akosha etc. The biggest ODR provider in the world Modria also provides this service.
2. Business Disputes
Nowadays, a lot of companies incorporate arbitration clauses in their contracts so as to get things done in an easy manner. Examples of websites providing these services are: eQuibbly.com, https://www.arbresolutions.com
3. Matrimonial Disputes
Divorce and family related matters are also being successfully resolved online. Many couples want to do away with the expensive court cases. Recently, Mediate BC, an ODR provider mediated 51 online disputes which dealt with family matters. This was carried out successfully.
Between 2007 and 2014, the family court referred 35,000 cases for mediation, out of which 20,000 cases were settled. This shows that even the judges and lawyers are pro mediation for all civil cases especially family matters. In the last ten years, the Delhi mediation centre alone has solved over 1 Lakh cases.
4.Live in Relationship cases:
With maintaining confidentiality being their prime concern, many couples having a live in relationship dispute would opt for ODR.
5. Landlord Tenant Disputes:
ODR in this dispute area would prove to be lucrative. The parties can maintain privacy, have speedier dispute resolution and do it in an extremely informal way.
6. Insurance Claims
The automated negotiation talked about in previous blog can be very helpful for insurance claims. As can be arbitration and mediation.
7. Intellectual property claims
Over the years, the number of claims filed for IPR online is increasing at a steady pace. In trademark disputes, it is extremely convenient to upload the relevant entries online and get justice served. However, in copyright claims, things might get complicated. Therefore, this can be used for low- level copyright disputes where a large sum is not involved.
NIXI (www.nixi.in) has used the ODR system for resolution of domain name disputes in India.
8. Vehicle and Property Damage
Having a disagreement about costs and injuries from an accident? Use ODR. Every day there are countless numbers of accidents that result in damage to vehicles and/or real or personal property.
One of the key areas in which arbitration resolution services is working is amount related to accidental damage.
9. Medical Negligence Cases
One method that has been introduced in healthcare to avoid litigious approach to communication is Alternative Dispute Resolution (ADR). Results from healthcare systems that are using ADR suggest this approach meets the needs of both patients and providers with the additional benefit of reducing costs, encouraging disclosure, and improving patient safety.
Conclusion
This is only a brief summary of the types of claims that can be resolved using ODR and is not exhaustive. There is a plethora of areas in which this mechanism can be applied. One thing should be kept in mind that ADR, ODR and the judicial system go hand in hand. The aim of any one is not to replace or overshadow the rest. Therefore, these are called alternative mechanisms. Disputes which are criminal in nature or are regarding enforcement of fundamental rights, etc. are difficult to be solved through ODR. However, the ease through which the above illustrated cases can be solved online is overwhelming and surprising that we aren’t using it already in India. It’s high time that we start.
