CIS Comments on Draft ODR Report
This submission is a response by the researchers at CIS to the report “Designing the Future of Dispute Resolution: The ODR Policy Plan for India” prepared by the NITI Aayog Expert Committee on ODR.
We have put forward the following comments based on our analysis of the draft report.
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Structural considerations with ODR itself
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The report classifies ODR as a singular entity rather than a group of technologies that require different approaches.
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Currently ODR still has a number of functional limitations such as difficulty to account for nuance, limitation of algorithms and vulnerability of the systems.
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The report also fails to address how the psychological limitations involved with ODR, such as involving communication, perception and preferences of parties will be solved for when implemented at the national level.
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Socio-Economic considerations when transitioning to nation wide ODR
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There is a lack of current access to digital infrastructure that limits ODR’s effectiveness.
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The projections made in the report disproportionately rely on market forces while suggesting a lack of mandated standards
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Privacy and Security concerns with moving to ODR
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Need for greater clarity on oversight and regulation of ODR platforms
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An independent sectoral regulator is a necessity
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Other comments
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The opt out model proposed must be changed to allow for the option of ADR as well.
