Knowledge Check!!!

Which of the following ADR processes doesn’t include a neutral third party?

Mediation
Conciliation
Negotiation
Arbitration

Which of the following is NOT a commonality between ADR and ODR processes?

Built on the foundation of Collaborative Dispute Resolution
Confidentiality of process
Rules of evidence do not apply
Synchronous communications between the parties

Why was the UNCITRAL ODR Working Group (2010) constituted?

To deal with cross-border e-commerce disputes through ODR platform
To deal with payment disputes through ODR platform
To create a public justice system using an ODR platform
To deal with high-stake disputes such as infrastructure disputes through ODR platform

Which of the following ADR mechanism entails the least control over the process by the parties?

Negotiation
Mediation
Conciliation
Arbitration

Which Indian mythology speaks about ADR process?

Puranas
Hitopadesha
Ramayana
Mahabharata

Which of the following is NOT an effective tip for online communication?

Seek for clarifications in case of any doubt.
Choose your words carefully and thoughtfully.
Empathize with the opposite party while writing your email/post.
Respond to all relevant emails/post right away after you receive them.

In which case did the Supreme Court of India emphasize on the validity of an effective consultation through electronic media and remote conferencing?

Shakti Bhog Foods Ltd. v. Kola Shipping Ltd [AIR 2009 SC 12].
Trimex International FZE Ltd. v. Vedanta Aluminium Ltd. [(2010) 3 SCC 1].
Grid Corporation of Orissa Ltd. v. AES Corporation [(2002) 7 SCC 736].
ADM Jabalpur v. Shiv Kant Shukla [(1976) 2 SCC 521].

Which combination of statutes in India ties the ODR space in the legal framework?

Information Technology Act 2000 and the Arbitration and Conciliation Act 1996.
Code of Civil Procedure 1908 and the Arbitration and Conciliation Act 1996.
Code of Civil Procedure 1908 and the Information Technology Act 2000.
Code of Civil Procedure 1908 and the Companies Act 2013.

What is the first and foremost necessity for any ODR process?

The parties must be personally related.
The parties must unequivocally decide to resolve their dispute via online mode.
The parties must choose a serene place for discussing and resolving their dispute.
The parties must have a 7th generation laptop and minimum 4GB memory card.

Which of the following is NOT a mindful way of addressing diversity in communication?

Avoid slangs and jargons.
Use the language/cultural barrier as an intimidation tactic during discussion.
Acknowledge the differences and encourage open communication respectfully.
Request for a translator if necessary in the process.

What is the third stage in an online mediation/conciliation proceeding?

E-Signing
Collection and organization of documents and responses
Communicating via phone calls, video calls, and/or chats
Filing the case

Who appoints the neutral ODR experts for dealing with Online mediation/conciliation sessions?

A court with an appropriate jurisdiction
The parties in dispute
The Online Dispute Resolution Platforms
National Legal Services Authority

Why should affirmative language be used by a good neutral?

To encourage parties to communicate effectively with the neutral as well as the opposite party.
To prevent the loss of momentum of the process due to long periods of inactivity
To understand the problem at hand accurately without misunderstandings
To make the parties feel heard

Which one of the following is NOT a trait of a neutral mediator as per the criteria set up by Robert Benjamin?

A neutral will not intervene in the substance of the dispute
A neutral mediator will be interested in the outcome of the session
A neutral mediator will not attempt to alter perceived power imbalance
A neutral mediator will not have a relationship with the disputing parties outside of the mediation

Why is a caucus essential in an ADR/ODR session?

To enable the neutral to test the practicality and reality of the suggestions proposed by the parties
To enable the parties to complain about each other as much as they want before the neutral
To develop multiple possibilities that may aid in the amicable resolution of the dispute
To demonstrate the trust and respect between the neutral and the parties

Which notice should be mandatorily sent by the claimant before requesting for initiation of arbitration?

Notice of proposed rule-making
Notice of Invocation
Judicial Notice
Constructive Notice

Which section of the Arbitration and Conciliation Act 1996 gives the right to the parties to mutually decide on the procedure of arbitration proceedings?

Section 20(3)
Section 19(2)
Section 29B
Section 19(1)

Which of the following is NOT a core skill of an online arbitrator?

Drafting the award
Setting the timeline
Managing the workflow of the arbitration session
Expert at holding caucuses

Which section of the Arbitration and Conciliation Act 1996 lays down that the arbitration award shall be in writing?

Section 19(3)
Section 24
Section 31(1)
Section 19(2)

Which two statutes provide for the legality of online arbitration in India?

The Arbitration and Conciliation Act 1996 and the Information Technology Act 2000
The Arbitration and Conciliation Act 1996 and the Code of Civil Procedure 1908
The Arbitration and Conciliation Act 1996 and the Companies Act 2013
The Code of Civil Procedure 1908 and the Information Technology Act 2000

Which of the following is NOT a way in which a good case manager acts as a boon to a Dispute Resolution Professional [DRP]?

By providing the DRP with an opportunity to set the environment
By aiding the DRP to build and gain the trust of the parties
By improving the techniques and dispute resolution styles of the DRP
By creating channels of open communication through inputs

How can a case manager ensure party autonomy in an online dispute resolution process?

By giving feedback about the DRPs to the Review Committees
By keeping all the details and discussions of the session confidential
By ensuring that the parties aren’t coerced into the process of dispute resolution
By having a positive problem-solving attitude

Why is the prompt scheduling of a case an essential skill for a good case manager?

Helps in preventing any uncertainties regarding the case status or process
Makes the parties trust the process of ODR
Helps the case manager to develop personal relationships with the parties
Helps the case manager to ensure party autonomy in the ODR process

Why is maintaining confidentiality in the dispute resolution process important?

To prevent the courts from interfering in the dispute resolution process
To prevent any leakage of sensitive personal information of the parties
To ensure neutrality and transparency in the dispute resolution process
To build up a positive problem-solving attitude

Which of the following is NOT a core skill for an Online Case Manager?

Full Awareness about the case details
Ability to ensure neutrality in the process and party autonomy
Proper documentation of the cases
Adept at major programming languages like Java, C++, Python, etc.

Which of the following can be done to familiarize the parties with the practicality of ODR process?

Telephoning the parties privately to clarify any confusion
Sending PDFs to the parties detailing the aspects of the ODR process
Schedule practice sessions before the actual meeting
Showing self-confidence throughout the session

Why is listing the area of practice important for creating a credible online profile?

To inform the public about your origins and language preferences
To show a specific area’s subject matter knowledge one possesses
To familiarize the parties with the ODR process
To ensure party autonomy and transparency

Why is specific communication essential for an effective ODR session?

For ensuring the meeting of minds over a particular topic of discussion
For ensuring that parties have equal opportunities of being heard
For making the parties aware of the ODR process
For improving the speaking and language skills

Which among the following is NOT a fear/concern of the parties resorting to an ODR platform?

Fear of the unknown and apprehensions about the usage of the online systems
Fear of looking silly in case a mistake is made while using the online system
Fear of the internet and the privacy/confidentiality breaches therein
Fear of spending a lot of money with no outcome

Which of the following is to be mentioned in your online profile to indicate your skill-set and exposure in resolving disputes?

Area of practice
Experience, training, and accreditation
Language specializations
A clear self-photograph

Which of the following is NOT a key component of an ODR platform?

Filing
Documentation
Notification and Case Manager
Enforcement of settlement agreement or award

What can be done to avoid uninvited parties joining in an ODR session?

Locking the meeting after all the required parties have joined in
Creating breakout rooms during video conferencing for the parties
Put the parties on mute after all of them have joined in the meeting
End the meeting as soon as any uninvited parties join in the meeting

Which Indian statute encourages the adoption of grievance redressal mechanisms for E-Commerce platforms?

The Consumer Protection Act, 2019
The Code of Civil Procedure, 1872
The Companies Act, 2013
The Code of Criminal Procedure, 1973

What is the third stage of the workflow of an online Lok Adalat?

Providing usernames and passwords to all District Legal Services Authority
Identifying suitable cases for the online Lok Adalat system
Sending notices to the parties
Uploading of the settlement award on the system

For what purpose, the host (neutral) of an ODR session may put one of the parties on hold during the session?

For reducing the tension in the session
For conducting a quick caucus
For preventing any uninvited party from joining the session
For making separate rooms for discussion with each party

Who came up with the concept of the “fourth party” in the ODR process?

Ethan Katsh
Ethan Katsh and Janet Rifkin
Mohamed S. Abdel Wahab, Ethan Katsh, and Daniel Rainey
J.K. Rowling

Which interesting aspect of smart contracts is essential in preventing conflicts?

Self-enforcement
Self-destructive
Cost-efficient
Easily accessible

Who launched an ODR toolkit in October 2020?

A coalition of organizations led by Agami India
A coalition of organizations led by Sama
A coalition of organizations led by IIAM
The Jharkhand High Court in coalition with DLSA, Ranchi

What is a major problem with the Kleros-type blockchain arbitration?

It’s too expensive to be afforded by everyone
It can be accessed only via Apple products
It allows the jurors to make decisions based on transactional evidence
It can’t be trusted with the storage of confidential information

Who amongst the following has been a staunch advocate for introducing AI in the Indian Judiciary?

Justice D.Y. Chandrachud
Justice S.A. Bobde
Mr. Pranjal Sinha and Ms. Aksheta Ashok
Justice (Retd.) K. Kannan

Please mention the Certificate Generation Code which you have received over email (Please cross-check it twice)

Received confidential code is

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Aaditya Kashyap, Career Counsellor