Online Resolution Mechanism In The Indian Judicial System: An Exploratory Study

Abstract

The swift digital transition in governance and public institutions has profoundly impacted the Indian judicial system, positioning Online Resolution Mechanisms (ORMs) as a burgeoning frontier in legal reform. This exploratory study analyses the conceptual framework, evolution, efficacy, and obstacles associated with the integration of online platforms into dispute resolution processes in India. With cases piling up, delays, high expenses of litigation, and limited access to courts, ORMs could be a step towards a more efficient, citizen-focused, and technology-driven way to dispense justice. The study places ORMs in the context of India's larger digital governance ecosystem, especially programs like Digital India, the e-Courts Mission Mode Project, the National Judicial Data Grid (NJDG), and the use of virtual courts, e-filing, e-payment, and video conferencing systems during and after the COVID-19 pandemic. These new ideas show that the courts are more eager to use digital tools to make the process more efficient, open, and convenient for the public.

The study article examines the characteristics and extent of Online Resolution Mechanisms (ORMs), including Online Dispute Resolution (ODR), virtual hearings, electronic documentation, AI-assisted tools, and automated processes utilised by courts, tribunals, and quasi-judicial entities. It looks into the statutory changes, judicial decisions, regulatory frameworks, and policy reports that affect how ORMs work in India through doctrinal analysis. The report underscores the growing reliance on ODR mechanisms—specifically mediation, arbitration, and negotiation facilitated through digital interfaces—in commercial disputes, consumer grievances, e-commerce transactions, and micro-finance issues. It also looks at how the Supreme Court's support for digital courts and the suggestions of committees led by Justice D.Y. Chandrachud and NITI Aayog have helped create an atmosphere that is good for ODR.

A fundamental aspect of the study is the assessment of ORM's efficacy in facilitating access to justice. There is a lot of talk about important indicators like lower case backlogs, lower costs, simpler procedures, more user satisfaction, and more geographical coverage. The report points out that ORMs have helped people from rural areas, older people, those with disabilities, and people who are involved in low-value conflicts. Nonetheless, the report also critically addresses ongoing obstacles, such as the digital divide, insufficient technology infrastructure, data privacy issues, cybersecurity weaknesses, inadequate stakeholder training, procedural uncertainties, and the reluctance to embrace change among legal professionals. These problems show that ORMs have a lot of potential, but they won't be successful unless they get continued support from policies, investments in infrastructure, and digital literacy across the board.

The study also looks at how India's ORM framework may be improved by looking at systems that perform well in the UK, USA, Singapore, and Canada. The investigation indicates that comprehensive laws, uniform procedural regulations, intuitive platforms, and stringent data governance policies are crucial for establishing a dependable and secure ORM ecosystem. The analysis ultimately determines that ORMs are not only technological instruments but transformative entities capable of redefining India's judicial framework. If used wisely and with the right legal changes, ORMs can greatly improve the efficiency of the courts, make it easier for people to get justice, and help the courts reach their long-term goal of building a modern, responsive, and technology-integrated justice system.