ODR system, a vital component of virtual justice
Sayeed Shuvo:
It is evident that the whole world is witnessing massacre of Covid-19. Coronavirus has made the whole world as ‘death valley’ and the World get panicked and standstill since last few months. Though Cornavirus has stopped the normal livelihood, conflict or dispute among individuals or communities still occurs. As all the Courts and Tribunals of Bangladesh are closed due to massive pandemic of Coronavirus, most of the conflicts regarding family, civil and other petty disputes remain unaddressed. To overcome the situation, introducing of Online Dispute Resolution popularly known as ODR system might be the best option regarding resolution of small conflicts between the parties in this era of Information and Communication Technology. The government of Bangladesh may introduce ODR system in the 64 District Legal Aid Offices throughout the whole country who mainly work for resolving dispute in alternative ways. District Legal Aid Officers (DLAO) may arrange such ODR system staying at his own residence. And to some limited extent, all Civil and Criminal Courts may arrange such ODR system regarding petty claim or offences. It might be an alternative way for resolving disputes among the parties.
As the Government and Supreme Court of Bangladesh are going to launch justice system in every courts and tribunals, ODR system might be the vital component of virtual justice system. And not even in emergency situation, the system might work in the normal period also.
Online dispute resolution (ODR) is the settlement of disputes through online mode of communication/interaction between the disputed parties. Online dispute resolution undertakes disputes that are partially or fully settled over the Internet, having been initiated in cyberspace but with a source outside it (offline). ODR is also called as an Alternate Dispute Resolution (ADR) and Internet dispute resolution (IDR), and these terms are used interchangeably.
Online dispute resolution (ODR) uses alternative dispute resolution processes to resolve a conflict or dispute. It can be used for disputes arising from an online mode of communication/transaction and also for disputes not involving the Internet, known as “offline disputes.” Online dispute resolution is an alternative to the traditional legal system where litigations are filed in court and justice is sought through legal proceedings.
The parties involved in dispute may use Internet and web-based technology in a variety of ways. Online dispute resolution can be done entirely on the Internet through email, chat, and videoconferencing and if needed parties may also meet in person for face-to-face interaction. Often, a combination of “online” and “offline” (such as face-to-face) methods are used in online dispute resolution.
The ODR system might be run by the help of the website mycourt.judiciary.org.bd. The applicants may apply through e-filing system. The Electronic Filing System or EFS denotes the process of online filing of court documents with the Judiciary. The EFS is the Judiciary’s electronic platform for filing and service of documents within the litigation process. In addition, the system provides the registries of the courts with an electronic registry and workflow system; and an electronic case file. Recent enhancements of E-Judiciary throughout the world have added a module which facilitates the conduct of hearing using documents that have been electronically filed. The EFS provides the legal profession with a rudimentary online case file from which documents can be electronically filed with the courts or served on the other parties in a case.
Those applications would preserve in the Computerised Court Case Management System (CCMS).The Computerised Court Case Management System (CCMS) denotes to preserve and processed every court documents electronically by using advance computer technologies. The CCMS gives a way out to advance process and procedures that can battle all sorts of judicial corruption throughout the world. CCMS can be used to assist different courts of justice to manage their daily necessary works. Prevention of data corruption is also protected by this system. To some extent, some developed countries are still fighting to eliminate corruption from judiciary by using CCMS. Online cause list to be maintained in this regard.
Online Dispute Resolution or ODR refers to dispute resolution processes conducted with the assistance of information technology, particularly the Internet. ODR has been available since 1996 and has rapidly passed through three broad stages of development. The emerging area of online dispute resolution (ODR) potentially offers a useful set of tools and techniques for resolving disputes. The ODR system has been already launched in our neighboring country India. The new system is contributing a lot to settle dispute between the parties. In Australia, the ODR system has been popular since long. In most of the European Countries, Australia, America, Canada, Brazil and even some developing countries like India, Pakistan, and Nepal etc have also launched the ODR system. Capable of being used for both online and offline disputes, ODR has already proved that it can provide effective resolution for at least some disputes: in Australia more than 1.5 million cases had been successfully resolved online to July 2004.
The writer is a Judge, District Judge Court, Rajshahi.
email: sayeedlaw@gmail.com
