• Eligibility Criteria:
  o Purpose: To ensure that all parties using the ODR platform meet specific criteria to maintain the integrity and appropriateness of the dispute resolution process.
  o Requirements: Parties must be legal entities or individuals over the age of 18 with full legal capacity. They must agree to the terms and conditions set forth by the platform and must have a direct interest in the dispute’s outcome.
  o Verification: Parties may need to provide identification and documents proving their legal status or authority to represent a business or organization in a dispute.
• Initiating a Dispute:
  o Purpose: To provide a clear and structured process for parties wishing to begin dispute resolution through the platform.
  o Procedure: Parties initiate a dispute by submitting a detailed dispute form available on the platform. This form requires information about the nature of the dispute, the parties involved, and any relevant documentation that can support the case.
  o Documentation: Necessary documents may include contracts, communication records, agreements, and any other paperwork relevant to the dispute. Submission of these documents should adhere to the guidelines provided on the platform regarding format and confidentiality.
• Selection of Neutrals:
  o Purpose: To ensure that the mediation, arbitration, or conciliation process is conducted by impartial and qualified neutrals (mediators, arbitrators, conciliators) who are capable of providing a fair resolution.
  o Process: Parties can select a neutral from the platform’s approved panel based on the neutral’s expertise, experience, and any specific requirements of the dispute. The platform provides profiles of neutrals, including their qualifications, areas of specialty, and past case outcomes.
  o Criteria for Selection: Neutrals are required to meet rigorous standards of training, experience, and ethical conduct. They must be certified or accredited in their respective fields and have a proven track record of impartiality and effectiveness in dispute resolution.
• Conduct of Proceedings:
  o Purpose: To establish a clear framework for how dispute resolution proceedings are managed on the platform to ensure fairness and efficiency.
  o Process:
• Preliminary Meetings: These are initial meetings to outline the dispute, set timelines, and agree on the procedural rules. They are required for setting the stage for formal hearings.
• Hearings: Depending on the type of resolution process chosen (mediation, arbitration, or conciliation), hearings may be conducted virtually through the platform. These sessions are structured to allow each party to present their case, evidence, and witness testimonies if applicable.
• Communication Protocols: All communications during the proceedings must adhere to the platform’s guidelines, which ensure clarity, respect, and professionalism. Communications are typically facilitated through secure channels provided by the platform.
• Confidentiality and Privacy:
  o Purpose: To protect the sensitive information of all parties involved in the dispute resolution process and to maintain the integrity of the process.
  o Policies:
• All proceedings on the platform are confidential and not open to the public. Details of the dispute, including the identity of the parties, the nature of the dispute, and the outcome, are not disclosed to anyone not directly involved in the proceedings.
• Strict data protection measures are implemented to safeguard personal and commercial information shared during the resolution process. These include encryption of digital files and secure access controls.
• Submission and Handling of Evidence:
  o Purpose: To outline how evidence should be submitted and managed during the dispute resolution process to ensure that all material is considered fairly and appropriately.
  o Procedures:
• Submission: Parties must submit all relevant evidence before the hearings begin. The platform provides guidelines on the types of evidence accepted and the formats in which they should be submitted (e.g., documents, photos, videos, audio recordings).
• Handling: Evidence is handled according to predefined rules that preserve its integrity and confidentiality. This includes cataloging evidence, ensuring it is accessible to all parties and the neutral(s), and protecting it from unauthorized access or tampering.
• Settlement and Resolution:
  o Purpose: To outline the procedures for effectively concluding a dispute through settlement, issuing awards, or making final decisions, and to clarify the finality of these resolutions.
  o Processes:
• Reaching a Settlement: During mediation or conciliation, the parties are encouraged to negotiate and come to a mutual agreement. The platform facilitates this process by providing tools for communication and drafting settlement agreements.
• Issuing Awards or Final Decisions: In arbitration, the arbitrator(s) will issue a binding decision based on the presented evidence and arguments. This decision is treated as an arbitral award and has the same enforceability as a court decree.
• Finality of Resolutions: Once a settlement agreement is signed or an award is issued, it is final and binding. Parties are expected to comply with the terms set forth in the agreement or award, and enforcement can be sought through courts if necessary.
• Fees and Costs:
  o Purpose: To provide transparency regarding the costs associated with using the ODR platform and to inform users about the payment methods available.
  o Details:
• The fees for using the ODR services vary depending on the type of dispute resolution process selected (mediation, arbitration, conciliation) and the complexity of the case.
• A detailed fee structure is provided on the platform, which includes registration fees, case handling fees, and fees for any additional services like expedited proceedings or the engagement of expert witnesses.
• Payment Methods: The platform supports various payment methods, including credit/debit cards, online banking, and digital wallets. All payments are securely processed to ensure user safety.
• Withdrawal and Termination of Proceedings:
  o Purpose: To establish the conditions under which parties can either withdraw from the process voluntarily or terminate the proceedings if necessary.
  o Conditions:
• Withdrawal: Parties can withdraw from the ODR process at any stage before a final decision or award is made. However, fees paid up to the point of withdrawal may not be refundable.
• Termination of Proceedings: Proceedings can be terminated under specific conditions, such as mutual agreement between the parties to discontinue, non-compliance with the procedural rules by one of the parties, or upon the request of a party demonstrating valid reasons (e.g., bankruptcy of the other party).
• In both cases, the platform provides clear guidelines on the procedural steps to be followed to ensure that the withdrawal or termination is processed correctly and that all parties are informed.
• Appeals and Revisions:
  o Purpose: To define the circumstances and procedures under which decisions made through the ODR platform can be appealed or revised.
  o Information:
• Appeals: Typically, the decisions made through arbitration are final and binding, with limited scope for appeal, primarily only if there has been a procedural irregularity, fraud, or a violation of public policy.
• Revisions: Mediation and conciliation agreements may be revised if both parties agree to modify the terms. Arbitral awards, once issued, generally cannot be revised unless there is a clerical error or a part of the award omits addressing an issue presented during the proceedings.
• Enforcement of Decisions:
  o Purpose: To provide guidelines on how decisions made through the ODR platform can be legally enforced.
  o Guidelines:
• Legal Standing: Decisions from mediation that result in a settlement agreement, and arbitral awards are legally binding and enforceable in courts, similar to a court judgment.
• Enforcement Process: Parties seeking to enforce an arbitral award or a settlement agreement can apply to the competent courts. The platform provides assistance in understanding the necessary steps and legal requirements for enforcement in different jurisdictions.
• Technology Requirements:
  o Purpose: To ensure that all users have the necessary technical capabilities to access and use the ODR platform effectively.
  o Technical Requirements:
• Hardware: A computer or mobile device with a stable internet connection.
• Software: Latest version of a web browser (e.g., Chrome, Firefox, Safari) or any specific applications as required by the platform.
• Compatibility: The platform may also require specific settings such as enabling cookies and JavaScript.
• Security: Users are recommended to have updated antivirus software and a secure network connection to protect their data and privacy during online sessions.
• User Support and Assistance:
  o Purpose: To ensure that users have access to necessary support and assistance throughout the dispute resolution process.
  o Details:
• Technical Support: Available to assist with issues related to platform access, technical difficulties, and functionality problems.
• Dispute Resolution Assistance: Support for understanding procedural steps, submission of documents, and scheduling of sessions.
• Contact Methods: Support can be accessed via email, phone, and live communication during specified hours.
• Amendments to Rules and Procedures:
  o Purpose: To outline how the rules and procedures can be amended and the method for notifying users of these changes.
  o Procedures:
• Amendment Process: The platform may periodically update or amend the rules and procedures to reflect changes in legal requirements, technological advancements, or user feedback.
• Notification: Users will be informed of any significant changes through email notifications, updates on the platform’s website, or during the login process.
• Language of the Proceedings:
  o Purpose: To specify the language options available for conducting the dispute resolution proceedings.
  o Languages Available:
• Primary Language: English, as the primary language of the platform.
• Additional Languages: Depending on user demographics and needs, additional languages such as Hindi, Bengali, Tamil, and others may be supported.
• Translation Services: For languages not natively supported, translation services may be made available upon request, subject to availability and additional costs.
• Access to Records:
  o Purpose: To define the rules regarding access to records of the proceedings by the parties involved.
  o Details:
• Availability: Parties can access records of their proceedings, including transcripts, recordings (if legally permissible), and submitted documents.
• Privacy: Access is strictly limited to the parties involved in the dispute and their authorized representatives to ensure privacy and confidentiality.
• Request Process: Parties need to request access through their user dashboard or by contacting support, subject to verification of their identity.
• Compliance with Legal Standards:
  o Purpose: To ensure that the ODR procedures comply with applicable national and international legal standards.
  o Details:
• Adherence to Laws: The platform operates in compliance with the Arbitration and Conciliation Act, 1996, the Information Technology Act, 2000, and other relevant laws.
• International Standards: For international disputes, the platform adheres to the UNCITRAL Model Law on International Commercial Arbitration and other relevant international agreements and conventions.
• Regular Audits: Regular reviews and audits are conducted to ensure ongoing compliance with all legal standards.
• Role of Case Managers:
  o Purpose: To outline the role and responsibilities of case managers in facilitating the ODR process.
  o Responsibilities:
• Facilitation: Case managers help facilitate the proceedings by scheduling hearings, managing communications between parties, and providing administrative support.
• Guidance: They guide parties through the procedural aspects, help in understanding the platform’s functionalities, and address any procedural queries.
• Documentation: Case managers ensure that all necessary documents are properly filed and accessible, maintaining a comprehensive record of the proceedings.
• Interim Measures:
  o Purpose: To outline the procedures for requesting and granting interim measures during the dispute resolution process.
  o Details:
• Request Procedure: Parties may request interim measures to preserve assets, maintain the status quo, or prevent imminent harm. Requests must be submitted in writing, specifying the reasons and the nature of the interim measures sought.
• Decision Process: The arbitrator or mediator, depending on the case type, has the authority to decide on these requests based on the urgency and merits of the case.
• Enforcement: Interim measures granted by the arbitrator are binding and enforceable, similar to final awards, subject to the laws governing the proceedings.
• Expert Involvement:
  o Purpose: To establish the conditions and processes for involving experts in the proceedings.
  o Details:
• Appointment: Experts can be appointed by the dispute resolution professional (mediator or arbitrator) or agreed upon by both parties to provide specialized knowledge or opinions relevant to the case.
• Role: Experts submit reports or testify on specific issues, such as technical details, valuation, or industry standards, helping the decision-makers understand complex matters.
• Expert Reports: All expert reports are shared with the parties, who have the right to cross-examine the expert or submit counter-reports.
• Handling of Technical Failures:
  o Purpose: To provide guidelines for managing technical failures that could affect the timing or integrity of the dispute resolution process.
  o Details:
• Preventive Measures: Regular system maintenance and updates to minimize the risk of technical failures.
• Immediate Response: In the event of a technical failure, proceedings are paused, and parties are immediately notified. The platform’s technical team addresses the issue to restore functionality as quickly as possible.
• Rescheduling: If a technical issue significantly disrupts a session, the case manager will reschedule the affected proceedings at the earliest convenience of all parties, ensuring that no party is disadvantaged by the disruption.
• Qualifications of Mediators and Arbitrators:
  o Training: All mediators and arbitrators are required to complete accredited training programs that cover dispute resolution techniques, legal and ethical considerations, and sector-specific knowledge relevant to the disputes they handle.
  o Experience: Professionals on the platform typically have several years of experience in legal practice, mediation, or arbitration. Many also have backgrounds in areas pertinent to the disputes they mediate or arbitrate, such as commercial law, family law, or corporate governance.
  o Qualifications: They hold professional qualifications in law, mediation, or arbitration, and are often members of recognized professional bodies that certify competence and professionalism in dispute resolution.
• Ensuring Impartiality in the ODR Process:
  o Selection Process: Neutrals are selected through a rigorous vetting process that includes checks for any potential conflicts of interest with the parties involved in the dispute.
  o Code of Conduct: All dispute resolution professionals are bound by a strict code of conduct that emphasizes impartiality, fairness, and ethical behavior.
  o Monitoring and Evaluation: Regular evaluations are conducted to assess the performance of mediators and arbitrators, focusing on their adherence to principles of neutrality and impartiality. Feedback from users is also considered to identify any biases or deviations from standard practices.
• Steps if Dispute is Not Resolved through ODR:
  o Further Negotiation: Parties may choose to enter additional rounds of negotiation or mediation if the initial ODR process does not result in a settlement.
  o Referral to Traditional Court Processes: If a resolution cannot be reached through the platform, parties have the option to escalate the dispute to traditional court processes. The platform can facilitate this transition by providing necessary documentation and records of the ODR proceedings to be used in court.
  o Alternative Dispute Resolution Options: Depending on the nature of the dispute and the preferences of the parties involved, alternative dispute resolution mechanisms such as face-to-face mediation or arbitration can be arranged.
• Reporting and Analytics:
  o Purpose: To establish guidelines for the reporting of proceedings analytics and outcomes to ensure continuous quality assurance and improvement of the ODR services.
  o Details:
• Analytics Reporting: Regular reports generated by the platform to analyze the effectiveness, efficiency, and fairness of the dispute resolution processes. This includes metrics like resolution rates, average time to resolution, and party satisfaction levels.
• Outcome Reporting: After each case concludes, a detailed report summarizing the proceedings, outcomes, and any recommendations for future improvements is prepared. These reports are reviewed at the organizational level to refine and enhance the ODR services.
• Confidentiality: All reports maintain the confidentiality of party identities and sensitive information, focusing instead on procedural statistics and general findings.
• Training and Certification:
  o Purpose: To detail the requirements for training and certification for dispute resolution professionals to maintain a high standard of service on the platform.
  o Details:
• Training Programs: Mandatory training programs for all mediators, arbitrators, and conciliators that cover legal frameworks, ethical standards, procedural rules, and the use of the ODR platform.
• Certification: After completing the training, professionals must pass a certification exam to demonstrate their competence in handling disputes effectively and ethically.
• Continuing Education: Regular updates and continuing education requirements to ensure that all professionals stay current with the latest developments in dispute resolution practices and technology.
• Dispute Resolution Schemes:
  o Purpose: To provide a variety of dispute resolution schemes tailored to specific types of disputes or industries, offering flexible and appropriate solutions.
  o Details:
• Sector-Specific Schemes: Customized schemes for industries such as e-commerce, finance, real estate, and technology, addressing the unique challenges and requirements of these sectors.
• Type-Specific Schemes: Specialized procedures for different types of disputes, such as consumer complaints, commercial contracts, or family law issues, ensuring that the approach is best suited to the nature of the conflict.
• Innovative Approaches: Implementation of innovative dispute resolution schemes like fast-track resolutions, collaborative dispute resolution, and hybrid models that combine mediation and arbitration phases.
  These rules and procedures are designed to ensure that the ODR platform remains adaptive, credible, and highly effective in resolving a broad spectrum of disputes in a manner that is both tailored and principled.
• Feedback and Continuous Improvement:
  o Purpose: To establish a structured mechanism for gathering and analyzing feedback from users to continuously enhance the functionality and user experience of the ODR platform.
  o Details:
• Feedback Collection: Implementation of integrated feedback tools within the platform, allowing users to provide immediate and specific feedback on their experiences at various stages of the dispute resolution process.
• Feedback Review: Regular review meetings where user feedback is analyzed to identify common issues, suggestions, and areas for improvement.
• Implementation of Changes: Based on feedback, systematic updates and enhancements are made to the platform and dispute resolution processes to address user needs and improve overall service quality.
• Emergency Procedures:
  o Purpose: To provide a clear and effective response mechanism for urgent issues that may arise during the dispute resolution process, ensuring the safety and security of all parties involved.
  o Details:
• Immediate Response Team: Establishment of a dedicated team trained to handle emergencies, capable of intervening swiftly to address technical glitches, security breaches, or urgent legal issues.
• Procedure Manual: A comprehensive emergency procedure manual, accessible to all users, detailing steps to be taken in various scenarios, including contact information for immediate support.
• System Backups and Security Protocols: Robust system backups and security protocols to quickly restore service and protect data integrity in the event of a system failure or cyber-attack.
• Annual Reviews:
  o Purpose: To conduct comprehensive annual reviews to assess the effectiveness and efficiency of the ODR platform and its associated procedures.
  o Details:
• Performance Metrics: Analysis of key performance metrics such as dispute resolution times, user satisfaction rates, and compliance with legal standards to gauge the platform’s effectiveness.
• Stakeholder Feedback: Collection of detailed feedback from all stakeholders, including users, dispute resolution professionals, and partner organizations.
• Review Outcomes: Development of an annual report summarizing review findings and outlining specific actions for platform improvement. This report is shared with key stakeholders to maintain transparency and foster collaborative growth.