58 research outputs found

    AssetDivider : a new mediation tool in Australian family law

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    This article describes research in a new theory of decision support in negotiation in family law mediation. AssetDivider was based on the principles of Family_Winner. As a Negotiation Decision Support System Family_Winner takes ratings assigned to items by the parties involved and develops a list of allocations to each party; based on trade-offs inherently present in the dispute. Given advice provided from our industry partners Relationships Australia (Queensland) - RAQ, AssetDivider uses an ideal &ldquo;percentage split&rdquo; to guide the development of an allocation list for parties. The system has been tested informally by our contacts at RAQ, and we now look forward to extensive testing and evaluation by mediators at RAQ in the near future. We hope to report on a comprehensive evaluation which will report on the effectiveness of this program in practice.<br /

    Development of a mediation tool in family law : AssetDivider

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    Managing negotiation knowledge with the goal of developing negotiation decision support systems

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    While Information Technology has been used to support negotiation there is little research in the domain of knowledge management in legal negotiation. In this paper we discuss the nature of negotiation knowledge and how such knowledge can be utilized to construct negotiation decision support systems. We conduct an in-depth examination of the notion of a BATNA (Best Alternative to a Negotiated Agreement) and given a useful BATNA, how we can use issue and preference elicitation and compensation and trade-off strategies to provide negotiation decision support. We conclude by indicating how current negotiation support systems can be extended to support Online Dispute Resolution and haw we can extend the Family_Winner system in light of the need to more adequately manage negotiation knowledge.<br /

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

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    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 /

    Incorporating Fairness into Development of an Integrated Multi-agent Online Dispute Resolution Environment

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    The paper describes the development of an integrated multi-agent online dispute resolution environment called IMODRE that was designed to assist parties involved in Australian family law disputes achieve legally fairer negotiated outcomes. The system extends our previouswork in developing negotiation support systems Family_ Winner and AssetDivider. In this environment one agent uses a Bayesian Belief Network expertly modeled with knowledge of the Australian Family Law domain to advise disputants of their Best Alternatives to Negotiated Agreements. Another agent incorporates the percentage split of marital property into an integrative bargaining process and applies heuristics and game theory to equitably distribute marital property assets and facilitate further trade-offs. We use this system to add greater fairness to Family property law negotiations

    The impact of learning in the workplace policy on differing ICT degrees

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    At Victoria University, the release of a new Learning in the Workplace and Community (LiWC) policy has been introduced to ensure that graduates are job and career ready. The policy underlines the importance of workplace contextual learning in all course deliveries and is scheduled for progressive implementation by 2010. For each degree, the policy mandates that a minimum of 25% of program content and assessment must be related to work integrated learning.Compliance with the 25% shift poses significant challenges for its implementation upon all undergraduate programs since the policy is expected to impact upon program structures, unit deliveries, assessment practices, and course administrations. In particular, there has been an extensive review of existing approaches to learning and teaching in the programs that deliver information and communications technology (ICT) degrees across business and science faculties. This paper describes the current Bachelor of Science in Computer Science and Bachelor of Business in Information Systems programs identifying similarities and differences between the two offerings with respect to their learning in workplace components. It explores possible synergies between the two programs that could be capitalized upon to implement the LiWC policy and details the challenges to both faculties in mounting a coordinated response.<br /

    Bargaining in the shadow of a trial : adding notions of fairness to interest-based negotiation in legal domains

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    Most negotiation support systems have focused upon the notion of meeting the disputants’ interests. However in the legal domain, Alternative Dispute Resolution often occurs in the shadow of the law. Integrative bargaining neglects the vital issues of justice and power. In this article we address the issue of how to add notions of fairness to interests, through the development of the Family_Mediator system. Family_Mediator is an extension of the Family_Winner system, which advises mediators about potential trade-offs and compensation strategies for divorcing couples

    Indicative markers of leadership provided by ICT professional bodies in the promotion and support of ethical conduct

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    Most countries with a mature Information and Communications Technology (ICT industry have at least one professional body (PB) that claims to represent its members working with such technology. Other ICT PBs operate in the international arena. These PBs may differ in membership criteria, jurisdiction and even objectives but all profess to promote high ethical and professional standards. This study seeks to determine the common indicative markers that demonstrate that an ICT PB is offering leadership in identifying, promoting and supporting ethical conduct amongst a variety of constituencies including its own members and beyond. An extensive literature review identified over 200 prospective markers covering a broad range of potential activities of an ICT PB. These were grouped into nine major areas: ethical professional practice; continuous professional development; research and publication; education of future professionals; members&rsquo; career development; social obligations; professional engagement; preserving professional dignity/ reputation and regulation of the profession. These markers were arranged hierarchically in a word processing document referred to as a &ldquo;marker template&rdquo;. An analysis of selected ICT PBs websites was undertaken to confirm and refine the template. It will be used in the future for a comparative study of how professional bodies offer leadership to their various constituencies in the area of ethical conduct.<br /

    The role of emotional intelligence on the resolution of disputes involving the electronic health record

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    Numerous authors have expressed concerns that the introduction of the Personally Controlled Electronic Health Record (PCEHR) will lead to an escalation of disputes. Some disputes will concern the accuracy of the record whereas others will arise simply due to greater access to health care records. Online dispute resolution (ODR) programs have been successfully applied to cost-effectively help disputants resolve commercial, insurance and other legal disputes, and can also facilitate the resolution of health care related disputes. However, we expect that health differs from other application domains in ODR because of the emotional engagement patients have with their health and those of loved ones. In this study we will be looking at whether the success of an online negotiation is related to how people recognise and manage emotions, and in particular, their Emotional intelligence score
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