Literature Review 12

Literature Review: The article for the literature review deals with the concern of huge amount of pending cases in Indian courts and the author in the said article proposes to reduce, if not finish the burden of such cases through the mechanism of Online Dispute Resolution. The advent of Alternative Dispute Resolutions (ADR) despite being a promising initiative failed to attract substantial number of clients for reasons such as high costs, lack of neutrality, travelling expense of the parties, etc. The author proposes that, as it is in common parlance now that the Information Technology (IT) has touched various dimensions of our lives, the idea of Online Dispute Resolution (ODR) could help us in overcoming the drawbacks and pitfalls of the present ADR system. To sum up, the article suggest the much needed shift from the ADR mechanism to the ODR mechanism. In addition the article also discusses the limitations and recommendations which are needed to make this mechanism a supplementary arm of the ADR. The major subjects for literature review are as follows: •

Need of the ADR

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Kinds of ADR.

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Drawbacks of ADR.

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Onset of Online Dispute Resolution.

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Limitations of ODR.

Need for the ADR? Anurag K. Agarwal, Is India Ready for Online Dispute Resolution? Indian Inst. of Management, Ahmedabad. W.P. No.2006.10.03 (2006) contains author’s observation as to how the time unbound manner of litigation system in India has led the litigants to resort to extra legal methods. The author discusses the major problems such as cyber attacks, lack of statutory support, etc which exist in executing an ODR system. In conclusion he suggests that despite these hurdles ODR has quite effectively been used in National Internet Exchange of India which has been working in the lines of the World Intellectual Property Organization. Dr. Shraddhakara Supakar, Law of Procedure and Justice in Ancient India (Deep & Deep Publications 1986). In the introductory chapter of this book, the author delves into the historical aspect of Alternative Dispute Resolution (ADR) and the human endeavor, time and again, to

experiment and have a legal procedure which is easy, cheap, unfailing and convenient to obtain justice. Kinds of ADR: Mediation: David Spencer, Michael Brogan, Mediation Law and Practice (Cambridge Univ. Press 2006) - In the chapter pertaining to Mediation and its history, the authors suggest that mediation as a form of ADR mechanisms has very often been used to resolve disputes and further explain the working of the mechanism, which in mediation involves, that parties in the dispute or conflict utilize the assistance of a neutral third party to attempt to resolve their dispute. Negotiation: Henceforth, in the same book, namely, Mediation Law and Practice at page 207, the authors explains the mechanism of negotiation in which the parties in a time honored method try to resolve disputes inter-se through discussion and mutual agreement. Arbitration: In Justice DR. B.P Saraf and Justice S.M Jhunjhunwala, Law of Arbitration and Conciliation (6th ed. Page 440 Snow white Publications Pvt. Ltd 2012), the book, gives a broad idea about the working of conciliation proceedings which involves, a method adopted by the parties to a dispute to reach an amicable settlement through mutual compromise with the assistance of the third party or an institution. In conclusion the book also discusses the major provisions of the arbitration and conciliation Act, 1996 which governs the conciliation proceedings namely, Part III. Arbitration: And lastly the mechanism of arbitration is discussed by referring to Steven C. Bennett, Arbitration: Essential Concepts (ALM Publ'g 2002) which broadly explains the system of arbitration. It suggests that in the mechanism of arbitration, the disputing parties submit their dispute to an arbitrator or arbitrators who after hearing the parties give their decision which is equivalent to a decree when it comes to enforceability of the said award.