On November 29, 2021, the apex public policy think tank of Government of India, NITI Aayog released a report on Online Dispute Resolution – ‘Designing the Future of Dispute Resolution THE ODR POLICY PLAN FOR INDIA’. In simple terms, ODR is ADR that is enabled through technology and ODR can ‘help in not just dispute resolution but also in dispute containment, dispute avoidance and promotion of general legal health of the country’.

The report discusses the various challenges faced in the adoption of ODR in India which can be classified as  structural (lack of robust digital infrastructure, lack of digital literacy, divide in access to technology etc), behavioural (lack of awareness regarding ODR, lack of trust in ODR, current legal culture, Government and PSUs being the biggest litigants) and operational challenges (privacy and confidentiality concerns, enforcement of the outcome of ODR process, lack of trained professionals etc.)

Although the report examines various challenges to development of an ODR mechanism in India, it goes on to predict that the future of ODR is bright and several steps are required to be taken to make the mechanism robust. Few important steps discussed in the report for development of a robust ODR mechanism in India are summarised below:

1. Increase access to digital infrastructure-Emphasis is on increase in access to digital infrastructure, increase digital literacy, reduce digital divide through targeted policies and encourage innovation of accessible technology solutions.
2. Increase capacity– Increase in capacity of the professionals and the service providers, introduce training at all levels, strengthen paralegal services within communities, encourage growth in the private sector, increase the capacity of court-annexed ADR centres, and adopt ODR for specific Government sectors.
3. Build trust in ODR – Adopt ODR for government litigation, introduce awareness campaign for ODR, and introduce targeted incentives for stakeholders etc.
4. Suitably regulate ODR-Focus is on strengthening existing legislative framework and providing guidance through principles. Amendments have also been suggested in Annexure A of the Report which can be incorporated in the current legislations for the inclusion of ODR. Suggestion has also been made to introduce an umbrella legislation which addresses all ODR related issues.
5. Implement ODR in a phased manner-Under phase one set up infrastructure and utilise existing capacity and capabilities, under phase two focus should be on mainstreaming ODR, and under phase three it is desirable that ODR becomes the primary mode of dispute resolution.

The said Report of The NITI Aayog Expert Committee on ODR can be accessed here.