The village says “No”: why online ADR is not (yet) working in rural India

Clammer, John and Byrne, Matthew (2021) The village says “No”: why online ADR is not (yet) working in rural India. Law Technology and Humans, 3 (1). pp. 133-147. ISSN 2652-4074

[thumbnail of LTH 2021.pdf]
LTH 2021.pdf - Published Version

Download (551kB) | Preview


This article argues that online dispute resolution (ODR) has not been readily accepted in India’s rural hinterlands. This field study involved a trip to a “typical rural village” in North India with a population of approximately 3,000 people. Barriers to acceptance include IT literacy and connectivity, English language platforms and learning resources, reliance on and preference for village-based dispute-resolution systems, mistrust of external authority, lack of awareness of the benefits of ODR, and gender and cultural issues. We find that some villagers may be interested in ODR, but its adaption requires not only outlining the advantages of ODR but also creating a sense of ownership and managing resistance to outsiders. This could be done by providing training to groups likely to benefit from ODR, including youth, women, and NGOs. The case study also has theoretical implications for the study of comparative access to legal services, the relationship between concepts of rights and local concepts of morality, and for the persistence of social structure and “traditional” means of dispute resolution despite the possibility of access to “modern” forms of legal services.

Item Type: Article
Keywords: ADR | Alternative Dispute Resolution | India | Internet | ODR
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Jindal School of Liberal Arts & Humanities
Depositing User: Amees Mohammad
Date Deposited: 21 Mar 2022 08:18
Last Modified: 24 Jun 2022 09:51
Official URL: https://doi.org10.5204/lthj.1564


Downloads per month over past year

Actions (login required)

View Item
View Item