Q1: B.

Q2: B.

Q3: C.

Q4: A.

Q5: C.

Q6: B.

Q7: A.

Q8: A.

Q9: C.

Q10: B.

Q11: D.

Q12: D.

Q13: A.

Q14: B.

Q15: C.
Q17: This essay will argue that Online Dispute Resolution (ODR) has significantly developed in recent
years. It will base its argument on the rise of the internet revolution with new technologies such as 4G
and 5G (under development), which have ensured that the maximum percentage of people across the
globe have cheap access to high quality internet. It has shown great success in resolving small scale
civil/commercial disputes, especially in the realm of e-commerce. This essay will also discuss the use of
ODR in the current COVID-19 pandemic situation, and how it has affected matter of commerce and
governance. It will further discuss the development of ODR by the European Union, The United Nations,
and other organizations which have contributed to its development and stressed a need for it become
more mainstream and also provided well organized platforms of ODR. Finally, this essay will discuss the
benefits of ODR to general society, especially focusing on its contribution to resolve e-commerce
disputes, and reducing the excessive burdens on courts of law by reducing their ever growing case logs,
and also how ODR can be used to facilitate other forms of ADR such as Negotiation, Mediation, and
Arbitration via latest advents in software technology.

Initially, internet technology was used only to exchange documents, send emails, set meeting dates, and
overall it only contributed to facilitating already existing platforms such as court proceedings and
arbitration and mediation. It has now grown into a form of dispute resolution in itself, interconnected
with the other forms, yet distinct on its own. The e- commerce company, ebay, was one of the pioneers
of providing a good online dispute resolution mechanism to avoid court proceedings and resolve
disputes with its customers before they grew to an extent that it became a liability for their business and
potentially hurts their reputation. The customer simply has to fill out an online form listing the details of
their dispute and a possible solution, the information is collected, an email is sent to the other party and
an online resolution meeting is arranged. If it doesn’t succeed in resolving a dispute, the option to avail
the services of a live mediator is made available, and this mechanism has resolved millions of disputes
with a great success rate.

ODR has now grown from this simple system into something far bigger. ODR now allows for online
mediations and arbitrations on platforms such as Zoom, which specifically cater to the demands of very
specific forms of dispute resolution such as Mediation, e.g. it allows for breakout rooms to be used by
the mediator and a party for private sessions, and this protects confidentiality. Companies such as ADR-
ODR International Ltd are pioneers in this regard, who very quickly took the initiative during the current
COVID-19 pandemic to launch their National Pro Bono Mediation Services in the UK, an online only
system of dispute resolution which caters to small claims disputes worth up to 9,999 GBP and COVID-19
related employment disputes. They use Zoom as their platform of choice for mediations, where video
and audio options are available to cater to a large number of parties. This example shows how ODR has
carved out a large space for itself in the dispute resolution world, where people from different countries
can engage with each other over a dispute, communicate effectively, and this become more effective
once 5G is successfully launched by China and the USA, making high speed internet accessible to larger
populations, and providing an effective system of dispute resolution to more businesses and peoples.

The United Nations Commission on International Trade Law (UNCITRAL) has greatly contributed to the
development of use of arbitration and mediation via online platforms. They have provided the UNCITRAL
Technical Notes on Online Dispute Resolution, which can be used by ODR providers as a base model to
draft their own ODR rules specifically tailored to their specifications. The National Center for Technology
and Dispute Resolution (NCTDR) founded in 1998 at the University of Massachusetts by Professors Ethan
Katsh and Janet Rifkin has made available a website which provides information related to the global
development of ODR and runs international forums and gives updates on ODR development. It has
contributed to the development of ODR systems and various software which are used for dispute
resolution across the world.

The Center for International Investment and Commercial Arbitration (CICA) in Pakistan has developed an
online arbitration service system. Pakistan is a country which is relatively new to ADR methods, and is
heavily reliant on arbitration. The COVID-19 pandemic has adversely affected many businesses, and this
is an effective method of using ODR platforms to resolve disputes when the country like the rest of the
world is following SOPs to restrict the spread of the pandemic under lockdowns which range from strict
enforcement to what are called ‘smart lockdowns’. Businesses has gone slow, and the courts are not
able to work effectively to dispense justice. ODR has greatly aided the justice system of many
jurisdictions.

The European Union has developed a policy to resolve disputes related to sale of goods and service
online through an ODR platform. Under the E-Commerce Directive adopted in 2000, called the EU
Directive 2000/31/EC, a common system of information requirements for ODR providers, and electronic
contracts, etc. was adopted. Services provided by lawyers, doctors, accountants were covered, and so
were financial and travel services and goods sold online. This made ODR simple and harmonised across
the EU, providing a one stop dispute resolution system for EU citizens. The European Small Claims
Procedure was also setup in 2009, where claims up to 2,000 Euros are facilitated across borders. It also
provides enforcement of these claims.

It is the policy of the European Commission that maximum possible number of disputes should be
resolved without involving courts of law. To ensure this, Regulation (EU) No 524/2013 was published
May 2013 which suggested the establishment of a trans-European ODR platform linking consumers and
traders with ADR providers such as the European Institute for Conflict Resolution (EICR. Both the
Directive and the Resolution were adopted and have been implemented across the entire EU and apply
to all small businesses in it.

There are great benefits of ODR to society. In the current COVID-19 pandemic, ODR has provided a great
platform to resolve disputes and maintain relationships between states. E.g. during the 2020 China-India
skirmishes along the Line of Actual Control (LAC), the Foreign Ministers of Russia, China, and India held a
virtual meeting in June 2020 at Russia’s initiative to help negotiate peace between the two major Asian
nuclear powers. It was held via a video conference. This is an excellent example of how ODR can be used
to resolve global issues which affect billions of people and world peace at large.

In the case of disputes between every day citizens and small businesses, ODR is cost effective, less time
consuming, and it can be used to reach parties and service providers in various jurisdictions of different
time zones. ODR provides a stress free method of dispute resolution. Unlike arbitration tribunals which
are located in major cities like London, such as The London Court of International Arbitration (LICA),
parties do not have to travel to London from across the world, and can have their disputes resolved
from the comforts of their homes. An ODR service provider will not have to arrange for suitable venues
for the mediation or negotiation, such as an office or a hotel conference room, refreshments, which
have added costs.

ODR reduced the burden on courts by further facilitating ADR and reducing case logs. In Countries like
Brazil, India, or Pakistan the current national case logs are in the millions, which affect involve of tens of
millions of people and even affect their respective national economies. Another example is of how since
after 30 April 2010, in England and Wales, there exists a process of dealing with personal injury claims
due to road traffic accidents through an online portal via the Pre-Action Protocol for Low Value Personal
Injury Claims in Road Traffic Accidents. Since 31 July 2013, the portal now covers claims up to 25,000
GBP of potential damages. It is a great example of how ODR has facilitated the legal system in reducing
the world load and especially how such claims may result in negative feelings between parties as it is a
very adversarial process.

Software such as the ‘visual blind bidding’ software can be used to generate possible outcomes where a
suitable offer can be accepted without loss of face. This help respect the sentiments of both parties and
helps them save face. It encourages more people to resolve their dispute via ODR, and is a great
contribution to society. It allows for ODR to be used as the first choice of dispute resolution so only the
most complex of cases go to courts, while a majority of the cases are resolved through ODR for
maximum benefit.

There are proposals for Online Courts to be set up to facilitate the resolution of all civil claims up to a
value of 10,000 GBP from 2020. Considering the current COVID-19 pandemic has made access to justice
and education and other services very difficult, it is most certainly a forgone conclusion that this is the
future. In Online Courts and the Future of Justice, Richard Susskind argues that it is the future of dispute
resolution and even of courts of law to shift to the online platform, and gives examples of how 100
million cases in Brazil’s courts and 30 million in India’s courts are simply unnatural.

In conclusion, it can be seen how ODR has greatly developed over the years from a system of resolving
disputes between sellers and buyers on ebay, to entire government systems such as the EU and courts
of law in various countries across the world adopting this practice and ADR service providers taking
initiatives to revolutionise their use through innovation and how software such as Zoom have made ODR
so easy. ODR has greatly contributed in reducing costs borne by parties, and time spent in resolving
disputes, and in reducing case logs of courts, and it has facilitated other forms of ADR such as
Negotiation, Mediation, and Arbitration, and this essay has given strong examples of how it has done so.
Its adoption has increased the success rate of dispute resolution and will continue to do as it is
increasingly adopted in the future.