ABSTRACT
The COVID-19 pandemic accelerated the adoption of Online Dispute Resolution (ODR), transforming it from a peripheral mechanism into a central feature of judicial and commercial dispute settlement. This paper offers a comparative analysis of the effectiveness and equity issues of ODR in the post-pandemic era, focusing on India, the United Kingdom, Canada, Brazil, and the United States, while also situating developments within UNCITRAL’s global standard-setting efforts. The study evaluates ODR’s effectiveness by analyzing measurable outcomes such as resolution rates, cost savings, backlog reduction, and technological adaptability, including the use of artificial intelligence, blockchain, and video-conferencing platforms. Simultaneously, it interrogates the equity dimensions of digital justice, particularly the digital divide in rural India, the challenges of elderly users in the UK, the affordability gap for low-income households, and disparities in access among marginalized groups. By comparing jurisdictional frameworks and policy innovations – ranging from India’s e-Lok Adalats and the UK’s Online Civil Money Claims system to Brazil’s Consumidor.gov.br and US platforms like Matterhorn – the paper highlights both the opportunities and shortcomings of ODR as a vehicle for justice. Findings reveal that while ODR enhances efficiency, reduces costs, and strengthens cross-border dispute resolution, it risks deepening systemic inequalities if issues of digital literacy, access, and procedural fairness are not addressed. The paper concludes by proposing hybrid, human-centered models that integrate equity safeguards, regulatory harmonization, and ethical AI to ensure that ODR develops as a tool of inclusive and sustainable justice in the digital era.
Hussain, Aehra Tayyaba and Das, Sreejeeta, Online Dispute Resolution: Post-Pandemic Effectiveness and Equity Issues – a Comparative Analysis (September 15, 2025).
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