By: MUHAMMAD NAHIM YUNUSA, ACArb.
Introduction
The Internet has emerged as one of the most significant and revolutionary inventions of our time. Dispute resolution is one of its many applications; with the increase in the globalization of business, business disputes are also getting global. The traditional method of resolving business disputes has become very expensive and consume a lot of time.
Alternative Dispute Resolution has a primordial origin as it has been with humankind from the beginning of time. Therefore, it is inevitable that occasional disputes will occur in business.
Conflicts or disputes engender both positive and negative responses depending on how one perceives them when they arise. A conflict is indeed a social process that is a common and essential feature of human existence.
Digital technology has created a symbolic relationship of sorts, and it enables us to access and share information for our benefit. At the same time, the data we generate is of immense value to the public and private entities that facilitate and control our digital interaction.
Meaning of Alternative Dispute Resolution (ADR)
Alternative Dispute Resolution has no universally accepted definition, however, it means or methods of resolving dispute or conflict through the interaction of a third party other than litigation.
Alternative Dispute Resolution (ADR) is the method and procedure used to resolve disputes either as an alternative to the traditional dispute resolution mechanism or as a supplement to the traditional mechanism. The best know methods of Alternative Dispute Resources (ADR) apart from Arbitration, are conciliation and mediation, mini-trial, and Med-Arb.
With the rapid growth of electronic commerce, electric –Alternative Dispute Resolution (E- ADR) has become increasingly important, as the quality and fairness of the system has also become particularly relevant.
Nature of Electronic Alternatives Dispute Resolutions (E-ADR)
Electronic Alternatives Dispute Resolutions (E-ADR) is a procedure for settling disputes electronically other than the traditional method of resolving a dispute.
E-ADR encompasses a broad range of approaches and forms, including but not limited to Ombudsmen Complaints Boards, Negotiation, Conciliation, Facilitated Settlement. Arbitration and others and the potential for hybrid processes comprising both online and offline elements as such E-ADR represent significant opportunities for access to dispute resolution by buyers and sellers to dispute across-border commercial transactions, both in developed and developing countries.
The purpose of the E-ADR is to foster the development of cross-border transactions on e-commerce or electronic transactions.
Relatively formality may vary from system to system, and relevant processes in some jurisdictions may be known by more than one of the teams contained in the process proceeds.
The Stages of E-ADR Proceedings
E-ADR on Online Disputes Resolution is a mechanism for resolving disputes through electronic communication and other information and communication technology.
The process of E-ADR proceeding may consist of negotiation; facilitated settlement, and a third (final) stage.
The proceeding starts when a claimant submits a notice through the e-ADR platforms to the e-ADR administrator. The administrator informs the respondent of the claim’s existence and the claimant of the response from the respondent.
The first stage of proceeding technology-enabled negotiation- commerce in when the claimant and respondent negotiate directly with one another through the E-ADR platform.
The process may be implemented differently by different administrators and may evolve over time.
Benefits of Online Dispute Resolution
- Avoidance of Complex Jurisdictional Issue
One of the benefits of ODR particularly that which is done totally online is that unlike traditional ADR it is not susceptible to jurisdictional tussles. A common practice in traditional arbitration is for parties to insert a jurisdiction clause. Thus, where parties have decided on a party jurisdiction as the forum for either the mediation or arbitration proceedings, they are bound by the agreement. However, in ODR, the issue of jurisdiction clause even where it exists cannot be given effect because of the fluid nature of the various mechanisms through which ODR is conducted particularly internet facilitated devices. The internet does not amend itself to the vicissitudes of territorial jurisdiction since it is more of abstract than concrete. The ODR save themselves from the stress of determining the lex arbitri as well as lex situs.
- Relatively Cheap and Convenient
In traditional ADR mechanisms such as arbitration or mediation, parties are bound to make provision for issues such as avenue, movement of witness for presentation of evidence and other ancillary matters. In doing all these, the parties are required to move from their respective locations to the venue of the proceedings at their own expense. Aside the risk involved in movement, the parties also incur a lot of travel expenses and where they may have to spent days, incur accommodation expenses aside fees to be paid to either the arbitrator or mediator. The inconvenience that is most likely to be experienced by a party who has to travel from his country to another is unimaginable couple with barriers such as language. All these can be conveniently avoided through ODR. In mechanisms such as online mediation or arbitration, parties are not required to travel or lodge overnight in a hotel for the proceedings. All the movement that a party is required to do is the movement of the hands on an internet enable device, for instance, if the parties have determined liability and their dispute is solely over the amount of a monetary settlement, then the fully automated cyber-mediation or arbitration websites discussed above can sufficient and efficient to resolve the dispute. The convenience created by enabling each party to choose the time when he or she wants to respond or participate; the value in permitting each party to reflect on their view and position before responding, and the luxury of having the time to explicate carefully the reasons for a position in an environment that insulates each party from the emotional impact of the other.
- Reduction of Emotional Hostility
The possibility of parties getting confrontation during offline mediation or arbitration is not uncommon just like in anachronistic litigation where might is right. The possibility of Confrontation which is inimical to ADR is made possible by the face-to-face interaction of the disputants. However, in any of the ODR mechanisms such as automated mediation or arbitration conducted through any of the already discussed ODR provider platform such as cyber settle, clicksettle.com, settlement Online, Click settle, etc, face-to-face interaction is completely eliminated. ODR provides the disputant a dispassionate approach to the merit of the case.
- Speedy Resolution
One of the main advantages of ADR over litigation is that it is less-time consuming. Where offline ADR may help settle a matter in days or months, as compared to the years it may take to resolve Litigation, online ADR promises settlement of disputes within days or even hours. Online Dispute Resolutions can also help to significantly speed up the amount of time it takes to resolve a dispute. Time-consuming jurisdictional rules often burden litigation; however, many of the rules that would extend the timeframe for the resolution of a dispute are not required in online dispute resolution. The borderless nature of the Internet diminishes the communication problems faced by parties and counsel located in different time zones. Further, most of these ODR service providers are functioning round the clock. Interested parties can merely visit the provider’s website and fill in certain electronic forms, thereby also eliminating any delays associated with receiving appropriate forms. Moreover, the internet enables parties to easily obtain data and other information about their cases in real time. E-mail is also a superior and swifter form of communication compared to fax, as it facilitates the sending of documents of multiple parties simultaneously, thus saving time and money.
Conclusion
Alternative Dispute Resolution (ADR) has been a viable supplement to litigation owing to certain factors, including technological advancement, which has culminated into making the world global village. Online dispute resolution has transformed amicable dispute settlement by offering all the known ADR mechanisms such as Arbitration, Negotiation and Mediation from the usual offline environment to a borderless word of the Internet.
There is online mediation, negotiation, and arbitration offered by several ODR providers. The benefits of ODR span from the fact of it being relatively cheap and convincible to avoid emotional hostility, speedier resolution of disputes and capable of preventing jurisdictional limitation vicissitudes and creating awareness will give numerous benefits, help and afford disputants to avail themselves of it in the event of a dispute. Internet facilities should not be a luxury but a necessity to our day to day online transactions.
REFERENCES
- M.N Yunusa, Review of Legal Aspect of Digital Technology in Modern World (Being a seminar Paper Project at faculty of Law Usman Danfodio , Sokoto 2019)
- R.G Ankama and J.M Aliyu The Application of Arbitration for Effective Dispute Resolutionin In the Nigerian Banking Sector, The Journal Nigerian Institute of Chartered Arbitrators (2020) P 689
- Http:// Scholarship.law.duke.edu/cgl/view content.cgl? Article = dltr> Accessed on 8th April 2021
- Ajetumbi A O, Alternative Dispute Resolution and Arbitration, Theory and Practice (2018) pg 152
- BordOne R C, Electronic Online Dispute Resolution A System Approach Potesial Problem and A Proposal (1998) pg 175-175
