Innovating Justice through (Software Stimulated) E-Resolutions

Adv. Rajesh, Chief Coordinator, ODR, SoftSettle Support

Facilitated negotiation involves the provision secure websites such as virtual collaborative workspaces or e-rooms the parties to exchange messages, share documents and engage in synchronous or asynchronous negotiations. This is a basic ODR service offered by a number of providers such as the Mediation Room. Here facilitation is offered by the technology itself and the process rules established e-room provider, rather than a human mediator.

However human mediators can also use this type of software to conduct online mediation processes. Online applications specifically set up for mediators to use are referred to as integrated mediation platforms and are offered by some leading service (ODR) providers.

Another example can be found in automated negotiation such as blind bidding procedures that offer positional negotiation and a formula for calculating settlements without human third-party intervention; these are available in the United States for insurance claims arising from car accidents and personal injury claims.

Yet another ODR technology takes the form of negotiation support systems, which allow the manipulation of negotiation variables for participants so they can consider a range of options and alternatives, and can provide an overview of negotiation stages (in mediation) and expert advice on strategies and outcomes. Mediators are able to use this type of technology to assist parties in their negotiations.

Whereas mediators are referred to as the ‘third party’, in the world of online mediation, technology is referred to as the ‘fourth party’. The concept of the fourth party suggests that technology changes the communication and power dynamics of the mediation process, opening up new and imaginative ways for mediators to intervene, and parties and lawyers to engage, in the process. It also introduces new risks for users relating to issues around security of the online platform, authenticity of online participants and what to do with a written record of a text-based ODR process.

The future of online mediation will depend largely on the ability of mediators and potential users to access and accept the fourth party and specific ODR platforms. While there is still some skepticism about the ability of technology to facilitate solutions, build relationships and maintain trust in the process, it seems that an increasing number of mediators and users of mediation are open to the idea of ODR.

The above are brought to my notice and I have finalised to incorporate such software to resolve the disputes coming under e-commerce, insurance, issues related to defaulting with financial institutions like Bank, other NBFCs and all types of low valued disputes along with other software resolving comparatively larger issues like Intellectual Property, Succession, Inheritance, family disputes etc. in the Resolution Centre of the portal www.softsettle.com and in the forthcoming mobile application under the banner of Soft Settle.

 

 

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