Saturday, 11 January 2020

See You Out of Court




aka  >  Justice Privatized

 

That is the title of an article ( authored by Indulekha Arvind ) , in today’s Economic Times ( Magazine )
Online version can be found at :



For benefit of readers, here are the highlights of that article :

Ø  What is ODR ?

A way to settle disputes outside courts, combining tech and alternative dispute resolution mechanisms



Ø  Why is it useful ?

Can ease pressure on courts with 4.56 million cases pending in high courts and 31.5 million in district courts



Ø  What is ODR process ?

[ A ]…. One party approaches ODR firm

[ B ]…. Firm reaches out to the other party

[ C ]…. If both parties agree to arbitration rules…

[ D ]…. Arbitrator appointed

[ E ]…. Time-stamped intimations sent via email and WhatsApp

[ F ]…. Interactions rake place online or on phone

[ G ]…. Verdicts typically given within a month



Ø  In India, who are involved in running ODR platforms ?

[ 1 ]…. Shalini Saxena / Kanchan Gupta ( Cadre  /  support@thecadre.in )


[ 2 ]…. Pranjal Sinha  /  pranjal@sama.live /  pranjal@odrways.com

           Akshetha Ashok /  akshetha@odrways.com

           Vikram Kumar  /  vikram@odrways.com


            ( Sama / info@sama.live  / https://odrways.com/?page_id=2 )


          
                     
[ 3 ]…. Vikas Mahendra ( Centre for Online Dispute Resolution- CODR )




[ 4 ]…. Chittu Nagarajan ( CREK ODR ) / chittunagarajan@gmail.com



Ø  ODR Globally

#  European Union
    It is mandatory for all online traders to provide a link to EU’s ODR platform


#  USA
    E-Comm companies began offering ODR in early 2000s ; various county courts in
    the US now mandate ODR as a first step


#  China
     Hangzhou Interne Court for ecommerce disputes offr ODR platform


#   Brazil
      Consumidor platform allows consumers and internet companies to solve disputes
      Directly ; resolved 2 million complaints in 5 years





MY TAKE :


I congratulate the above-mentioned Startups for their initiative


In my following blog ( sent as email to our Policy Makers ),

[  Justice delayed is Justice Denied  /  12 Sept 2018 ],

 

I wrote :

=========================================================

 

If we want to reduce the average “case disposal time “ from 6 YEARS to 6 MONTHS , we must do better than the Chinese – as follows :


      #        Launch online portal……..www.OnlineJustice.gov.in


          …..having following features / pages / User Interfaces :


#   Who can register a litigation and how ( detailed form to be filled in )


#   What kind of complaints can be filed ( Eg; property / divorce / fraud / loans etc )


#   Time frame of hearings ( based on backlog at that point )


#   Search / Selection of “ empanelled lawyers “ ( with their fees tariff )


#   Method of conducting “ Online Trial “ ( Audio – Video Conference calls )


#   Online payment of Court Fees / Lawyer’s fees


#   Who can “ watch “ the online trial and how ( Video broadcast ) and when


#   Progress Chart as trial proceeds / Upload – Download of documents


#   Court Room allotted ( by software ) to each litigation


     Not being limited by any “ Physical Constraints “ , it will be possible ( for the
     software ), to open as manyVirtual / Online “ Court Rooms as required


     Only limitation will be the Number of available Judges at any given time



     Let none have doubts about the ability of our Start Ups to design / develop and launch
     such a portal within 6 months , whose “ Conceptual Frame Work “ could resemble ,


     On Line Jobs Fair   




     And as far as finding 10,000 Judges to conduct “ Online Trials “ from the comfort of
     their homes ( and without imposing any “ Infrastructure Burden “ on the State –
     except providing them with a fast broadband connection ) , I suggest that we rope in
     retired judges on a “ Per Case Retainer “ basis ( paid into their Jan Dhan accounts )



      There must be a “ Bonus cum Penalty “ formula to govern the payments to the Judges ,
      depending upon the “ Actual Time “ taken to dispose off a given case as against the “
      Target Time “ ( to be computed by Artificial Intelligent Software , based on historical
      data being continuously compiled for all the cases , once the portal gets launched )



      I urge Chief Justice Hon Deepak Misraji to treat this email as a PIL and “ direct “ the
      NDA government to initiate action on this suggestion ( I cannot afford a lawyer ! )



     Your " Activism " in this matter will go a long way to restore the faith of the ordinary
     citizens in the judiciary  !

 

  =========================================================


Once , Mahatma Gandhi had said :


“ I do not want my house to be walled in on all sides and my windows to be stuffed. I want the culture of all lands to be blown about my house as freely as possible. But I refuse to be blown off my feet by any ”



I urge Shri RaviShankar Prasadji ( Minister for Law ), to facilitate an “ ODR Culture “ to blow freely in India

=========================================================


12  Jan  2020


hcp@RecruitGuru.com  

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