Necessity and Challenges for Online Dispute Resolution System in Pakistan; A Comparative Perspective

Abstract

Online dispute resolution in its simplest form is the use of technology to settle the conflicts between parties. Technology is playing its role in all fields be it health, education, business so the field of Judiciary must also take benefit from it to speed up judicial efficiency and justice. In this research effort is made to study ODR in such a manner that it can be introduced in Pakistan. Therefore, the key research question is to address the issues which may halt the development of ODR in Pakistan and propose the solution for its future development. The main content of this research is divided into four parts. In the first part, the overview of ODR is given comprising of its types and how ODR works. In the second part comparative study of ODR is done where analysis of the legal framework of ODR in Canada has been made. This paper points out strategies and a roadmap of introducing online dispute resolution in Pakistan.  The research provides the legal strategies by which Online Dispute resolution can be successfully initiated in Pakistan. The paper suggests that Pakistan should introduce a tribunal which could be connected with ODR. The law should be made for working of this tribunal and ODR. The law must overcome the drawbacks in the existing laws. The rules and policies to run its apparatus successfully are required to advance ODR development. The auxiliary measures are also very important such as tribunal connected mechanism, legislation enactment, judicial personnel training, public choice of ODR.