Expediting justice through online dispute resolution … Iqra Bano Sohail

In today’s interconnected world, Online Dispute Resolution (ODR) serves as a crucial tool for resolving disputes efficiently and cost-effectively through technology driven mechanisms. Some courts globally have successfully incorporated ODR programmes across various case disciplines, mostly small straightforward claims of consumer debt, divorce proceedings, child support, custody, visitation and non-criminal traffic cases. Despite Pakistan’s successful legal recognition of Alternate Dispute Resolution (ADR), formal recognition of ODR is still pending and with a substantial 2.26 million pending cases in the country, the adoption of this modern technology within the legal domain holds the potential to expedite the resolution of these matters.

ODR, initially stemmed from ADR as a by-product of the rise of cyber-space, has since evolved into its own entity, distinct and independent, driven by the growing pursuit of ODR solutions in recent years. Notably, it is used for resolving disputes through “the use of electronic communications and other information and communication technology”.

Since its inception, ODR has witnessed a surge in popularity due to its ability to deliver dispute resolution services via Internet. This approach is cost-effective and tackles cross-border disputes by revolutionising the traditional framework into an innovative technologically-driven process.

Importantly, the pervasive problem of pending cases across all tiers of courts has become an issue in Pakistan. This is evident from the Law and Justice Commission of Pakistan’s Bi-Annual Report on Judicial Statistics (July to December 2023) as the total number of pending cases in courts has surged by 3.9%, reaching an alarming 2.26 million during the latter half of 2023. Of these, 1.86 million were in the lower courts and the remaining 0.39% in the superior courts. Such a surge in pending cases violates the right to expeditious and inexpensive justice also guaranteed under Article 37(d) of the Constitution of Pakistan.

Currently, there are no legislations pertaining to ODR in Pakistan but ADR has gained policy traction. The Alternate Dispute Resolution Act 2017, Punjab Alternate Dispute Resolution Act 2020 and KPK Alternate Dispute Resolution Act 2020 outline the utilisation of ADR methods and procedural guidelines applicable to civil affairs.

Implementation of ODR in Pakistan faces some hurdles. While the country is progressing towards digitalisation, a significant portion of the population still lacks access to modern technologies. Additionally, lawyers would demand special training to acquire expertise in the discipline. Given this distinct role, ODR arbitrators — whether acting as negotiators, mediators, or in any other capacity — must undergo specialised training to fulfil their responsibilities effectively.

Despite these obstacles, various initiatives serve as hope for the integration of ODR. The launch of the “E-Court Project” by the Government of Pakistan in 2019, along with the subsequent implementation of successful online case hearings by both lower judiciary and high courts in 2020.

The first initiative to introduce ODR would involve a collaborative effort of the Federal and Provincial Ministries of Law and Justice with the Supreme Court of Pakistan to identify the list of cases suitable for ODR. The global trend includes small claim cases such as divorce, child support and landlord-tenant claims. Additionally, the process for filing a case encapsulated in Section 25, 128, 142 and 143 of Code of Civil Procedures 1908 is silent on processes mandatory to effectuate the Electronic Courts (e-courts) system. Terminologies such as “e-filing”, “e-records”, “e-hearing” and “e-certification” must be included.

As a tech-driven extension of ADR, ODR is capable of being incorporated within the definition of ADR. Such a model can be observed in UK’s Online Dispute Resolution for Consumer Transactions Regulation 2015 which integrates ODR mechanisms alongside traditional ADR methods. Hence, the definition of ADR under Article 2(a) of the ADR Act 2017 must be expanded to include ODR as a category. Promoting the training capacity of lawyers to understand the process of ODR should also be prioritised.

Courtesy The Express Tribune, March 23rd, 2024.