Online Dispute Resolution: An Analysis
(This article is written by Astitva Kumar, a research associate at ICMCR.) Alternative Dispute Resolution (ADR) has become an important aspect of the legal system in recent years since it allows for quick resolutions and often results in outcomes that are beneficial to both parties. Online conflict resolution is an extension of the same, with the sole difference being that it involves the use or help of technology in the resolution of disputes. This strategy is often compared to Alternative Dispute Resolution (ADR), but it incorporates technology to make the process more efficient. During the continuing COVID-19 Pandemic, [...]
India’s top Online Dispute Resolution (ODR) startups
(This article is written by Astitva Kumar, a research associate at ICMCR.) Legal technology start-ups have been attempting to improve India's justice delivery systems for a few years now. In 2019, a non-profit organisation, Agami, in cooperation with ICICI Bank, organised a 'E-ADR Challenge.' This provided a significant incentive. Currently, there are a number of start-ups in the country that follow a range of business models and continue to innovate on a daily basis in order to provide accessible and inexpensive ODR services to individuals, corporations, state governments, and the court. Collaboration between the business sector and the [...]
Dispute resolution mechanism of cyber laws in India
(This article is written by Astitva Kumar, a research associate at ICMCR.) Cybercrime has risen considerably in recent years, including phishing, identity theft, and fraud. The majority of cyber-attack or fraud victims in India have no idea how to respond to a cyber-attack. Even though there are several online cybercrime compliant platforms.[1] In countries like India, where the internet is widely used, cyber rules are extremely vital. The digital interchange of information, software, information security, e-commerce, and monetary transactions are all governed by cyber laws. By providing optimal connectivity and eliminating cybersecurity threats, India's cyber laws have cleared [...]
Contemporary issues in Mediation
(This article is written by Astitva Kumar, a research associate at ICMCR.) Introduction In 1996, the Indian parliament modified the Civil Procedure Code (CPC) and inserted section 89, which permitted courts to order the settlement of disputes through mediation, among other methods.[1] In several jurisdictions, mediation is a fundamental aspect of the dispute resolution structure. Indeed, research shows that mediation has played an important role in strengthening civil justice administration and refining dispute settlement.[2] Data also reveal that mediation has made a significant contribution to the justice system's economic benefit and refinement process.[3] Numerous countries have discussed whether [...]
An Empirical Analysis of Conciliation Committee Bargains in the European Union’s Bicameral Conflict Resolution
(This article is written by Astitva Kumar, a research associate at ICMCR.) Introduction The European Parliament and the Council of Ministers use a conference committee, known as the conciliation committee, in the co-decision procedure, which is now the EU's standard legislative procedure, to resolve any disputes that may occur during the approval of legislation. In bicameral legislatures, conference committees are typically used to resolve unresolved issues after a bill has been pushed back and forth between the two houses. The power balance between the houses is ultimately determined by how these committees work. 'The makeup of the conference [...]
A case for making Institutionalizing Conciliation
(This article is written by Astitva Kumar, a research associate at ICMCR.) Introduction Conciliation is a method of resolving conflicts without resorting to litigation. It is an informal procedure in which a conciliator, or a third party, attempts to reach an agreement between the disputants. He resolves contentious matters by decreasing tensions, increasing communication, interpreting concerns, giving technical support, researching viable solutions, and presenting the parties with a negotiated conclusion. Conciliators have their own manner of resolving disputes, and the actions they take are not always rigid and lawful. There is no requirement for a contract such as [...]