Katsch and Wing Play Key Role in Development of Indian Online Dispute Resolution Policy

The National Center for Technology and Dispute Resolution (NCTDR), directed by Ethan Katsch, professor emeritus of legal studies, and co-directed by Leah Wing, senior lecturer II of legal studies in the department of political science, has played a key role in the development of the Indian government's policy adoption of online dispute resolution. The Republic of India became the first national government to issue a whole-of-government comprehensive policy on online dispute resolution.

Image

The new policy was developed in consultation with the National Center for Technology and Dispute Resolution and its membership organization, the nonprofit International Council for Online Dispute Resolution (ICODR), also headed by Katsch and Wing. The policy references the scholarship of several NCTDR Fellows. The policy incorporates the online dispute resolution principles of NCTDR and the online dispute resolution principles of the Standards and Guidelines of ICODR.

The National Center for Technology and Dispute Resolution supports and sustains the development of information technology applications, institutional resources, and theoretical and applied knowledge for better understanding and managing conflict. NCTDR was founded in 1998 by Ethan Katsch and Janet Rifkin, former College of Social and Behavioral Science dean, with a grant from the Hewlett Foundation; it also has been funded through the National Science Foundation.

The new Indian policy, developed with NITI Aayog, a public policy think tank of the Indian government, specifically recognizes the contributions of the NCTDR and the ICODR, noting:

“…an international institution that is worthy of a mention is the National Centre for Technology and Dispute Resolution (NCTDR), University of Massachusetts- Amherst. Since its inception, the NCTDR has been leading the ODR movement with constant efforts to develop the processes and systems that forms the basis of ODR. In 2017, fellows of NCTDR created the International Council for Online Dispute Resolution (ICODR) to promote ODR and promulgate standards and best practices for ODR.145 ICODR has since published ethical standards for design, structure, practices, and implementation of ODR,146 ODR training standards,147 video mediation guidelines,148 and video arbitration guidelines149 to guide the development of ODR worldwide. Even though these open standards are not binding, they encourage ODR Platforms and ODR service providers to constantly strive to achieve a set of aspirational standards and best practices for efficient functioning. In the long term, this approach aims to stimulate continuous innovations. The Committee has engaged with ICODR extensively to gain insight into prevailing leading practices in ODR from across the world (p.53).”