Online Dispute Resolution Through the Lens of Bargaining and Negotiation Theory: Toward an Integrated Model

[Excerpt] In this article we apply negotiation and bargaining theory to the analysis of online dispute resolution. Our principal objective is to develop testable hypotheses based on negotiation theory that can be used in ODR research. We have not conducted the research necessary to test the hypotheses we develop; however, in a later section of the article we suggest a possible methodology for doing so. There is a vast literature on negotiation and bargaining theory. For the purposes of this article, we realized at the outset that we could only use a small part of that literature in developing a model that might be suitable for empirical testing. We decided to use the behavioral theory of negotiation developed by Richard Walton and Robert McKersie, which was initially formulated in the 1960s. This theory has stood the test of time. Initially developed to explain union-management negotiations, it has proven useful in analyzing a wide variety of disputes and conflict situations. In constructing their theory, Walton and McKersie built on the contributions and work of many previous bargaining theorists including economists, sociologists, game theorists, and industrial relations scholars. In this article, we have incorporated a consideration of the foundations on which their theory was based. In the concluding section of the article we discuss briefly how other negotiation and bargaining theories might be applied to the analysis of ODR

Trusted operational scenarios - Trust building mechanisms and strategies for electronic marketplaces.

This document presents and describes the trusted operational scenarios, resulting from the research and work carried out in Seamless project. The report presents identified collaboration habits of small and medium enterprises with low e-skills, trust building mechanisms and issues as main enablers of online business relationships on the electronic marketplace, a questionnaire analysis of the level of trust acceptance and necessity of trust building mechanisms, a proposal for the development of different strategies for the different types of trust mechanisms and recommended actions for the SEAMLESS project or other B2B marketplaces.trust building mechanisms, trust, B2B networks, e-marketplaces

Developing intelligent environments with OSGi and JADE

Series: IFIP International Federation for Information ProcessingThe development of intelligent environments poses complex challenges, namely at the level of device heterogeneity and environment dynamics. In fact, we still lack supporting technologies and development approaches that can efficiently integrate different devices and technologies. In this paper we present how a recent integration of two important technologies, OSGi and Jade, can be used to significantly improve the development process, making it a more dynamic, modular and configurable one. We also focus on the main advantages that this integration provides to developers, from the Ambient Intelligence point of view. This work results from the development of two intelligent environments: VirtualECare, which is an intelligent environment for the monitorization of elderly in their homes and UMCourt, a virtual environment for dispute resolution.The work described in this paper is included in TIARAC - Telematics and Artificial Intelligence in Alternative Conflict Resolution Project (PTDC/JUR/71354/2006), which is a research project supported by FCT (Science & Technology Foundation), Portugal

Enriching conflict resolution environments with the provision of context information

It is a common affair to settle disputes out of courts nowadays, through negotiation, mediation or any other mean. This has also been implemented over telecommunication means under the so-called Online Dispute Resolution methods. However, this new technology-supported approach is impersonal and cold, leaving aside important issues such as the disputants’ body language, stress level or emotional response while being based on forms, e-mails or chat rooms. To overcome this shortcoming in this paper it is proposed the creation of intelligent environments for conflict resolution that can complement the existing tools with important knowledge about the context of interaction. This will allow decisionmakers to take better framed decisions based not only on figures but also on important contextual information, similarly to what happens when parties communicate in the physical presence of each other.This work is part-funded by ERDF - European Regional Development Fund through the COMPETE Programme (operational programme for competitiveness) and by National Funds through the FCT - Fundação para a Ciência e a Tecnologia (Portuguese Foundation for Science and Technology) within project FCOMP-01-0124-FEDER-028980 (PTDC/EEI-SII/1386/2012) and PEst-OE/ EEI/UI0752/2011. The work of Davide Carneiro is also supported by a doctoral grant by FCT (SFRH/BD/64890/2009).info:eu-repo/semantics/publishedVersio

Relational justice: mediation and ODR through the World Wide Web

ODR means "Online Dispute Resolution". Dialogue, negotiation and mediation are coming back as sources of contemporary law. We introduce in this paper two concepts and two related projects. We define the concepts of "relational law" and "relational justice". And, at the same time, we describe how to put them in place from a social and technological point of view. Therefore, we introduce two concrete applications: (i) the Catalan White Book on Mediation, a large project to assemble the required social and legal knowledge to draft a general statute on mediation (Catalan Government); (ii) the Ontomedia Project, a semantically-driven platform allowing end-users to negotiate and mediate their conflicts in several domains (family, commerce, environment, health care, administration…). The paper describes the state of the art of ODR services, and proposes some strategies for legal electronic institutions. A middle-out theoretical approach and a mediation core-ontology are briefly described. We situate these two projects within the next generation of Semantic Web services, and the so-called Web 2.0 and Web 3.0 developments

Using case-based reasoning to support alternative dispute resolution

Springer - Series Advances in Intelligent and Soft Computing, vol. 79Recent trends in communication technologies led to a shift in the already traditional Alternative Dispute Resolution paradigm, giving birth to the Online Dispute Resolution one. In this new paradigm, technologies are used as a way to deliver better, faster and cheaper alternatives to litigation in court. However, the role that technology plays can be even further enhanced through the use of artefacts from the Artificial Intelligence field. In this paper we present UMCourt, an Online Dispute Resolution tool that borrows concepts from the fields of Law and Artificial Intelligence. The system keeps the parties informed about the possible consequences of their litigation if their problems are to be settled in court. Moreover, it makes use of a Case-based Reasoning algorithm that searches for solutions for the litigation considering past known similar cases, as a way to enhance the negotiation process. When parties have access to all this information and are aware of the consequences of their choices, they can take better decisions that encompass all the important aspects of a litigation process.The work described in this paper is included in TIARAC - Telematics and Artificial Intelligence in Alternative Conflict Resolution Project (PTDC/JUR/71354/2006), which is a research project supported by FCT (Science & Technology Foundation), Portugal

On the integration of trust with negotiation, argumentation and semantics

Agreement Technologies are needed for autonomous agents to come to mutually acceptable agreements, typically on behalf of humans. These technologies include trust computing, negotiation, argumentation and semantic alignment. In this paper, we identify a number of open questions regarding the integration of computational models and tools for trust computing with negotiation, argumentation and semantic alignment. We consider these questions in general and in the context of applications in open, distributed settings such as the grid and cloud computing. © 2013 Cambridge University Press.This work was partially supported by the Agreement Technology COST action (IC0801). The authors would like to thank for helpful discussions and comments all participants in the panel on >Trust, Argumentation and Semantics> on 16 December 2009, Agia Napa, CyprusPeer Reviewe

Decision support in interest based negotiation support systems: the AssetDivider system

Negotiation Support Systems (NSS) model the process of negotiation from basic template support to more sophisticated decision making support. The authors attempt to develop systems capable of decision support by suggesting possible solutions for the given dispute. Current Negotiation Support Systems primarily rely upon mathematical optimisation techniques and often ignore heuristics and other methods derived from practice. This chapter discusses the technology of several negotiation support systems in family law developed in their laboratory based on data collected and methods derived from practise. The chapter explores similarities and differences between systems the authors have created and demonstrates their latest development, AssetDivider.<br /

Online dispute resolution: an artificial intelligence perspective

Litigation in court is still the main dispute resolution mode. However, given the amount and characteristics of the new disputes, mostly arising out of electronic contracting, courts are becoming slower and outdated. Online Dispute Resolution (ODR) recently emerged as a set of tools and techniques, supported by technology, aimed at facilitating conflict resolution. In this paper we present a critical evaluation on the use of Artificial Intelligence (AI) based techniques in ODR. In order to fulfill this goal, we analyze a set of commercial providers (in this case twenty four) and some research projects (in this circumstance six). Supported by the results so far achieved, a new approach to deal with the problem of ODR is proposed, in which we take on some of the problems identified in the current state of the art in linking ODR and AI.The work described in this paper is included in TIARAC - Telematics and Artificial Intelligence in Alternative Conflict Resolution Project (PTDC/JUR/71354/2006), which is a research project supported by FCT (Science & Technology Foundation), Portugal. The work of Davide Carneiro is also supported by a doctoral grant by FCT (SFRH/BD/64890/2009).Acknowledgments. The work described in this paper is included in TIARAC - Telematics and Artificial Intelligence in Alternative Conflict Resolution Project (PTDC/JUR/71354/2006), which is a research project supported by FCT (Science & Technology Foundation), Portugal. The work of Davide Carneiro is also supported by a doctoral grant by FCT (SFRH/BD/64890/2009)

TVWS policies to enable efficient spectrum sharing

The transition from analogue to the Digital Terrestrial Television (DTV) in Europe is planned to be completed by the end of the year 2012. The DTV spectrum allocation is such that there are a number of TV channels which cannot be used for additional high power broadcast transmitters due to mutual interference and hence are left unused within a given geographical location, i.e. the TV channels are geographically interleaved. The use of geographically interleaved spectrum provides for the so-called TV white spaces (TVWS) an opportunity for deploying new wireless services. The main objective of this paper is to present the spectrum policies that are suitable for TVWS at European level, identified within the COGEU project. The COGEU project aims the efficient exploitation of the geographical interleaved spectrum (TVWS). COGEU is an ICT collaborative project supported by the European Commission within the 7th Framework Programme. Nine partners from seven EU countries representing academia, research institutes and industry are involved in the project. The COGEU project is a composite of technical, business, and regulatory/policy domains, with the objective of taking advantage of the TV digital switchover by developing cognitive radio systems that leverage the favorable propagation characteristics of the UHF broadcast spectrum through the introduction and promotion of real-time secondary spectrum trading and the creation of new spectrum commons regimes. COGEU will also define new methodologies for compliance testing and certification of TVWS equipment to ensure non-interference coexistence with the DVB-T European standard. The innovation brought by COGEU is the combination of cognitive access to TV white spaces with secondary spectrum trading mechanisms.telecommunications,spectrum management,secondary spectrum market,regulation,TV white spaces,cognitive radio