ADR and Cyberbullying: A Modern Solution for Digital Conflicts
Author: Noumee Sharma, Amity Law School, Noida
Introduction
In today’s generation, social media has brought a new form of challenges which includes harassment and popularly known as cyber bullying. UNICEF defined it as the repeated behaviour using digital platforms to show anger, scare and shame to the targeted individual, it has become a worldwide issue. As the complexity is increasing, so, traditional litigation is less effective addressing such issues, so alternative dispute resolution (ADR) methods have comes into play comma Keeping It confidential and offering flexible award bringing solution which is mainly focused on victim centric solutions.
ADR includes arbitration, mediation and negotiation. Each aims to resolve the conflict without the formal rigidity that take place in a court room. This article explodes how ADR can tackle various challenges mainly focused on cyber bully and its potential as a dispute resolution in modern era.
Understanding ADR and Its Relevance
Traditional method of litigation is rigid, time consuming and not always suited to such modern disputes especially those which are rising online. ADR is more faster, adaptable and crucial in the fast growing environment where conflicts escalate quickly. The foundation of ADR is set by Arbitration and Conciliation Act 1996 which provides a structured and flexible way of handling disputes. If we want to resolve interpersonal conflicts so negotiation and mediation is more effective.
The key advantage of ADR is that it has ability to create a space where party is can resolve dispute outside the formality that take place in the court system. This particularly place important role where sensitive cases like cyber bullying is increasing.
Methods of ADR for Cyberbullying
Negotiation: It is the simplest form of ADR where parties come together, sit down and have direct discussion. If we talk about cyber bullying, negotiation permit the victim and the perpetrator to reach the mutual agreement without any legal intervention taking place. This method is flexible and informal does making it Idol step for resolving the dispute.
Mediation: It involves a third party who facilitates the dialogue between the conflicting parties they provide the middle path to resolve the dispute and can reach to the mutual consensus. Mediation is particularly effective in the cases related to cyber bullying involving young people as it provides comfortable environment to express negotiated solutions and concerns.
Arbitration: In this method, there is an impartial arbitrator who hear both the side and make a binding decision known as awards. Arbitration remains private but it is more formal then mediation and negotiation. Parties are bound by the decision made in the process of arbitration.
Challenges in Applying ADR to Cyberbullying
ADR is very promising but on the other hand It poses several challenges in the context of cyber bullying and they are:
Anonymity: It is one of the biggest hurdles in online platform often afforded to perpetrators. By this, it becomes very difficult to identify the real accountable person ,thus, complicating and initiating the ADR processes. In cases like Doe v. MySpace, Inc., the issue of anonymity was highlighted
Jurisdictional Complexity: Most of the cyber bullying cases takes place between different countries. Determining the jurisdiction so countries have their own different kinds of Jurisdiction. For such scenarios, global corporation and legal harmonization is needed. In the case of Fteja v. Facebook posed a problem of jurisdiction
Enforcement of Outcomes: We know that the traditional court’s decisions are binding in nature but ADR outcomes such as mediation and negotiation, they like enforceability and are not binding. This poses problem especially when the parties are in different legal jurisdictions. Effective enforcement requires the collaboration between the durations and should be more flexible.
