Online Dispute Resolution Standards adopted by Presolv360
While online dispute resolution (“ODR”) standards, principles and notes are of a non-binding nature and relate to online dispute resolution systems in general, they provide boilerplate parameters while using information technology for resolving disputes online.
For the purpose of Presolv360’s ODR platform (“Platform”), we have referred to:
- Technical Notes on Online Dispute Resolution of the United Nation Commission on International Trade Law (“UNCITRAL”): UNCITRAL was established by the United Nations to promote the progressive harmonization and unification of international trade law. These notes are a non-binding descriptive document reflecting elements of an online dispute resolution process. It recommends that all stakeholders should use these notes in designing and implementing online dispute resolution systems for resolving disputes.
- Ethical Principles for Online Dispute Resolution (Project of the National Center for Technology and Dispute Resolution): These principles are designed to enhance the quality, effectiveness, and scope of dispute resolution processes with technological components.
- International Council for Online Dispute Resolution (“ICODR”) Standards: The ICODR is a response to the recent, rapid and widespread adoption of technology-supported systems for dispute resolution that have been taking place in China, India, England, Canada, the U.S. and elsewhere, both in the private as well as the public sector. These standards provide a touchstone for best practices, rules, qualifications, and certification efforts for online dispute resolution processes and practices.
- Online Dispute Resolution Standards of Practice by the Internet Corporation for Assigned Names and Numbers (“ICANN”): These standards of practice are recommended by the Advisory Committee of the National Centre for Technology and Dispute. The standards are based on the current literature and research in the field of ODR and are offered as guidelines for practice across the spectrum of ODR.
- Accessibility: The Platform is a user-friendly web-based platform accessible from mobile and desk-based devices providing greater outreach regardless of geographical boundaries. It has a simple and intuitive user interface and provides a guidebook and video tutorials for smooth participation and navigation.
- Accountability: The Platform through its Dispute Resolution Rules (“Rules”) remains accountable to the community it serves and functions within the legal framework prevalent in India, for the time being in force.
- Affordability: Resolving disputes on the Platform is an economical alternative to litigation and in-person dispute resolution. With its unique approach, the Platform facilitates zero-cost and expeditious dispute resolution.
- Competence: The systems and processes are built and designed keeping in mind effective dispute resolution. The Platform providers and practitioners are competent in fields including but not limited to dispute resolution, law, technology, language and culture.
- Consensual Resolution: The Platform, Rules and processes are designed to encourage parties, wherever appropriate, to resolve disputes using consensual processes.
- Empowerment: The Platform and Rules are centered around the idea of empowering people to resolve their own disputes. The systems and processes are developed and designed in a manner that increases access to justice, enhancement of choices and effective decision-making opportunities.
- Equality: The Platform and processes are designed in a manner that ensures equal treatment of parties and follows the principles of natural justice and equity while keeping in mind quick, economical, effective and efficient dispute resolution.
- Expertise: While the Platform providers possess relevant understanding of technology, design and law, the practitioners are subject to a comprehensive selection and empanelment process keeping in mind their qualification, competence, knowledge and expertise. The practitioners are required to complete all requisite trainings and certifications as may be prescribed by Presolv360 and are also recommended to periodically engage in various forms of continued education to refine and improve their knowledge and skills.
- Fairness, Impartiality and Neutrality: The Platform together with the Rules ensure actual and perceived fairness, impartiality and neutrality of the systems, processes and practitioners throughout the dispute resolution process.
- Honesty: Information, data and documents, to the extent possible and permitted by law, is gathered, managed and presented on an ‘as is’ basis to ensure it is not misrepresented or presented out of context. Ex-parte communications, to the extent possible, are prohibited, and the practitioners are required to make appropriate declarations and disclosures before and during the dispute resolution process.
- Informed Participation: The Rules, systems and processes ensure explicit disclosure to, competence of, understanding and acceptance by participants about the risks and benefits of resolving disputes through the Platform.
- Innovation: Presolv360 prides itself on constantly innovating and improving service delivery and technology while keeping in mind the requirements of the community and the law.
- Legal Obligation: The systems and processes abide by and uphold the laws prevalent in India, to the extent applicable.
- Security: All reasonable efforts are made to keep data and communication between parties and all persons involved in the dispute resolution process secure and confidential. For more information, refer Part III of this document.
Presolv360, on the Platform, has implemented appropriate safeguards to prevent unauthorized access to any party’s information or documents and to maintain data security. Presolv360 employs encryption technology for protecting sensitive information. However, electronic mails or other electronic means of communication may not be encrypted and it is recommended that parties do not communicate any confidential information through the aforementioned means. Presolv360 follows generally accepted industry standards to protect the information and documents submitted on the Presolv360 Platform. However, no method of electronic transmission or storage is 100% secure. While Presolv360 strives to use commercially acceptable means to protect the information and documents of the parties, Presolv360 cannot guarantee its absolute security and assumes no liability or responsibility for disclosure of any party’s information due to errors in transmission, unauthorized third-party access, or other causes beyond Presolv360’s control. The parties play an important role in keeping its information secure. Parties should not share its account information with any third party. Presolv360 shall not be liable for any loss or damage caused by the use of third-party applications by the parties.