This millennial generation demands quick, accessible and tech-ridden supply of solutions to all its needs - be it food, clothing, gadgets, travel, companionship, etc. A slight delay in delivery of any of these ‘basics’ and the youth waste no time in shamming the service provider on every possible public forum on the internet. How, then, does this generation remain indifferent and accommodating of the traditionally inefficient court system?
Is it a sense of hopelessness and a submissive approach to the existing ones? or the lack of awareness of the existence of more efficient platforms?
Online Dispute Resolution is the way forward for those who prefer to manage conflicting situations from the comfort of their laptops and mobile tabs. Cost effective, time efficient, comfortably casual and confidential settings, a process devoid of baseless documentation, a seamless tech-enabled solution, neutral facilitators and consensual settlements - it can’t get better for those who live digital lives. And, we haven’t even gotten down to discussing how the more frustrating reasons - rising travelling costs, global warming, soaring cost of living - force us to stick to the confines of our internet homes.
We are looking at a whole new approach to managing ‘Disputes’, which includes - not being naive to the possibility of their existence, being prepared to effectively tackle them when they arise and fixing past relationships which have deteriorated beyond repair.
In the hope of rebuilding broken relationships, if the key is to keep the communication on; then, can there be an obligation created to keep the conversation going, during the stages of differences, disagreements and even at the peak of a full-blown dispute? Can we secure the continuance of dialogue even in the most heated moments of a contractual relationship? Can we use the online space to talk things out within an atmosphere of trust rather than talking out loud and washing dirty laundry on public and social forums?
Yes, India’s Internet citizens can finally settle online!
The excuse of not having an opportunity or non-existence of a forum to consensually resolve disputes online is no longer acceptable. A visionary tech-legal startup, Presolv360, has designed India’s first online dispute management platform that provides the user with three unique services to tackle disputes. Besides the millennial trend of wanting quality services in quick time, there is also a burden to be borne. With over 30 million pending court cases, this might just be what frustrated litigators and the exhausted court system have been waiting for.
These services will act as enablers, assisting courts to dispense justice, governments to govern, businesses to flourish and people to enjoy a tension-free life. Now, as individuals with different likes and dislikes, conflict in inevitable; but Presolv360’s services assure citizens in India a less stressful time while addressing these conflicting situations.
Often people ‘react’ to conflicting situations because they feel they don’t have the time to sit back and present a calculated ‘response’. The consequences of a ‘reaction’ are rarely memorable and mostly regrettable. Online Dispute Resolution buys yourself enough time to dialogue and empowers you to make right what went wrong. Bottom line – it encourages a facilitative discourse before going to court or being dragged to court. Finally, for those existing relationships – personal, professional or business, that haven’t been ‘secured’ and encounter a friction, Netizens in India now have the ‘Direct’ button, where you can choose to either rebuild the relationship or dissolve it amicably, saving face, time and costs.
Two major challenges that have thwarted the progress of mediation in India have also been tackled here – the fear of antagonizing litigating lawyers & the suspense of closeted mediators. Importantly, this online platform’s services don’t eliminate the lawyer or legal advice, but instead encourage lawyers to be more productive and efficient in their roles. It allows lawyers to find a consensual settlement for their clients in resolvable matters, so that they can focus on more serious issues that necessarily need the guidance of the court.
The platform also serves in bringing the dedicated neutral facilitators into prominence. Disputing parties now have the option to choose their own neutral – be it a mediator, conciliator or arbitrator - after having researched on their background, style and experience – a concept people have only heard about, but never experienced for real, in India.
‘Precaution is better than cure’ is an old, overused cliché, but this trend is bringing it back to life and asking people to not take relationships for granted, not anymore!
Jonathan Rodrigues is an accredited negotiator and mediator listed with the Indian Institute of Arbitration and Mediation (IIAM), Cochin, and a certified civil and commercial mediator with the Indian Institute of Corporate Affair s (IICA) for the western region, under the aegis of the Ministry of Corporate Affairs (Govt. of India). He is trained and certified in facilitating cross-border disputes by the summer academy hosted at Charles University, Prague, Czech Republic. Jonathan is a professionally certified mediation advocate, accredited by SCMA (London). He is a trained mediation lawyer, certified by the Singapore International Mediation Institute (Singapore), the Centre for Advanced Mediation Practice (CAMP) and FSRI.
He is currently pursuing an LLM in Mediation and Conflict Resolution at the University of Strathclyde, Glasgow / UK. Jonathan is the co-founder and partner at The PACT (www.thepact.in). He is the co-creator of Advocate Maximus - India's premier international arbitration-mediation competition. Jonathan is also the co-creator of the Global Academy for Advocacy in Dispute Resolution (GAADR). He has trained in restorative justice practices by Easy Justice (Australia). He blogs at mediationmusings.wordpress.com & caucusandcurry.wordpress.com