International Journal of Online Dispute Resolution


Delivering Justice Solutions to Persons with Disabilities through Online Dispute Resolution Platforms

Keywords Online Dispute Resolution (ODR), persons with disabilities (pwds), access to justice, lower-middle income countries
Authors Nivedita Krishna, Krithika Sambasivan, Upasana Nath, Pragya Sahay en Shanti Raghavan
Author's information

Nivedita Krishna
Nivedita Krishna, Pacta, Bengaluru, India.

Krithika Sambasivan
Krithika Sambasivan, Pacta, Bengaluru, India.

Upasana Nath
Upasana Nath, Pacta, Bengaluru, India.

Pragya Sahay
Pragya Sahay, , EnAble India, Bengaluru, India.

Shanti Raghavan
Shanti Raghavan, EnAble India, Bengaluru, India.
  • Abstract

      Persons with disability (PwDs) face greater challenges when accessing justice. Traditional means of justice seeking and delivery are complex and PwDs often encounter physical and socio-legal barriers. Online Dispute Resolution (ODR) has been proposed as a more efficient and feasible model for justice delivery for PwDs. In India, people with disabilities face hurdles within the justice system, but is not extensively captured in the literature. Therefore, to provide for a more “accessible” model of justice delivery, we developed a blueprint for ODR for PwDs. We developed a model based on a workshop attended by experts in the field of law, disability, and ODR as part of the Agami International ODR Forum, 2023 held in Bengaluru, India. The workshop gleaned insights into components that would be required to make ODR effective for PwDs. A blueprint for an effective ODR mechanism was created based on these insights, superimposed within the framework of an effective ODR platform created by VIDHI Centre for Legal Policy. Our blueprint reveals considerations of accessibility and inclusivity under each of the components along with procedural and data-driven cognizance. Furthermore, the blueprint highlights different stakeholders and players who are required and/or feed into the system to make ODR for PwDs possible. The motto for, of and by the PwDs pervades through the blueprint to uphold ‘nothing about us, without us’ within the justice system.

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