Abstract

Information and Technology Act, 2000 has been enacted based on the United Nations Model Law on E-Commerce adopted by the United Nations Commission on International Trade Law. But e-commerce wasn't considered a significant aspect during the enactment of the Information Technology Act, 2000 rather cybercrimes and offences were the need of the hour during that time. The redressal of e-disputes arriving out of e-commerce transactions involves challenges including jurisdiction, enforcement, law applicable, etc. For commercial disputes, whether the claim is small or big, with a larger number of diversified people involved, implementing online mediation for dispute resolution would serve as a better tool. Online Mediation being less formal though would solve disputes effectively was lacking legislative framework. The newly enacted Mediation Act provides for legal sanction to online mediation, which is expected to revamp the dispute settlement landscape as a whole. The implementation of Online Dispute Resolution in the sphere of the E-Commerce sector through accessible online mediation will be a greater initiative. The study aims to trace the origin and innovation of Online mediation to e-commerce disputes and discusses the different methods and systems of Online dispute resolution. The paper further explores the judicial pronouncements supporting dispute resolution of consumer disputes and analyses the legislative framework related to mediation. The government’s policy towards consumer redressal using ICT tools brings out its persistence in implementing ICT enabled dispute redressal. The paper further discusses the newly enacted Mediation act and gives insights to areas that need to be revisited.

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