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Author: Arno R. Lodder
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Although artificial intelligence (AI) is commonly associated with anthropomorphic computers performing amazing feats, as in movies like The Matrix and Minority Report, AI is actually a much broader field of study whose results are not always mind-blowing. So what is AI? Basically, AI involves the study of automated human intelligence. This includes both practically-oriented research, such as building computer applications that perform tasks requiring human intelligence, and fundamental research, such as determining how to represent knowledge in a computer-comprehensible form. At the intersection of AI on the one hand and law on the other lies a field dedicated to the use of advanced computer technology for legal purposes: AI & Law. This article applies the authors' research in AI & Law (negotiation decision support systems and dialogical argument tools.) to construct a model for online dispute resolution (ODR). In considering the principles and theory underlying our integrated ODR environment, we first evaluated the order in which online disputes are best resolved. The system that we propose conforms to the following sequencing, which in our opinion produces the most effective ODR environment: 1) First, the negotiation support tool should provide feedback on the likely outcome(s) of the dispute if the negotiation were to fail - i.e., the "best alternative to a negotiated agreement" (BATNA). 2) Second, the tool should attempt to resolve any existing conflicts using dialogue techniques. 3) Third, for those issues not resolved in step two, the tool should employ compensation/trade-off strategies in order to facilitate resolution of the dispute. 4) Finally, if the result from step three is not acceptable to the parties, the tool should allow the parties to return to step two and repeat the process recursively until either the dispute is resolved or a stalemate occurs.
Author: Arno R. Lodder
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Although artificial intelligence (AI) is commonly associated with anthropomorphic computers performing amazing feats, as in movies like The Matrix and Minority Report, AI is actually a much broader field of study whose results are not always mind-blowing. So what is AI? Basically, AI involves the study of automated human intelligence. This includes both practically-oriented research, such as building computer applications that perform tasks requiring human intelligence, and fundamental research, such as determining how to represent knowledge in a computer-comprehensible form. At the intersection of AI on the one hand and law on the other lies a field dedicated to the use of advanced computer technology for legal purposes: AI & Law. This article applies the authors' research in AI & Law (negotiation decision support systems and dialogical argument tools.) to construct a model for online dispute resolution (ODR). In considering the principles and theory underlying our integrated ODR environment, we first evaluated the order in which online disputes are best resolved. The system that we propose conforms to the following sequencing, which in our opinion produces the most effective ODR environment: 1) First, the negotiation support tool should provide feedback on the likely outcome(s) of the dispute if the negotiation were to fail - i.e., the "best alternative to a negotiated agreement" (BATNA). 2) Second, the tool should attempt to resolve any existing conflicts using dialogue techniques. 3) Third, for those issues not resolved in step two, the tool should employ compensation/trade-off strategies in order to facilitate resolution of the dispute. 4) Finally, if the result from step three is not acceptable to the parties, the tool should allow the parties to return to step two and repeat the process recursively until either the dispute is resolved or a stalemate occurs.
Author: Ethan Katsh
Publisher: Jossey-Bass
ISBN: 9780787956769
Category : Law
Languages : en
Pages : 240
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Book Description
An essential tool for dispute resolution professionals as well as for anyone considering using dispute resolution in their lives and work, Online Dispute Resolution explains the many diverse and unique applications of doing conflict resolution online. The expert authors examine the tremendous growth of online dispute resolution-including its use by eBay and other e-commerce companies-and reveal the enormous possibilities to come, along with the many employment opportunities for practitioners in the field. They show how the online environment will affect the role of those who are concerned with dispute resolution just as it has brought changes to those who practice law, sell stocks, or run for office. For those who see the value of technology as a critical building block in the future of dispute resolution, Online Dispute Resolution will be an indispensable resource.
Author: Arno R. Lodder
Publisher: Cambridge University Press
ISBN: 1139488546
Category : Law
Languages : en
Pages : 219
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Book Description
Alternative dispute resolution has now supplanted litigation as the principal method of dispute resolution. This overview of dispute resolution addresses practical developments in areas such as family law, plea bargaining, industrial relations and torts. The authors elaborate on the necessary legal safeguards that should be taken into account when developing technology-enhanced dispute resolution and explore a wide range of potential applications for new information technologies in dispute resolution.
Author: Zbynek Loebl
Publisher: Kluwer Law International B.V.
ISBN: 9403517123
Category : Law
Languages : en
Pages : 214
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Book Description
The newest phenomenon in the field of online dispute resolution (ODR) is the emergence of online courts. Holding great promise for end-users of the justice system, online courts can expand access to remedies, improve efficiency and lead to greater fairness and even cost savings. Nonetheless, there is a danger that the rush to digitization will compromise due process or the need for careful re-design of judicial procedures. This book, focusing on ethical issues and key implementation topics, is the first to provide a comprehensive template for how online courts should be designed. The author is well-known for his contributions to the development of the ODR movement. In this book he describes and analyzes features of online courts such as the following: how to use technologies such as predictive analytics and artificial intelligence (AI) for judicial tasks; how to approach the potential for international standardization; how to plan for cooperation rather than competition with private ODR platforms; and how to avoid the mistakes of the earliest online courts. Throughout, the author stresses the need for developing open ODR standards, schemes and specifications for open-source software. With its detailed first-hand information about which online courts have succeeded and why, and its authoritative predictions regarding future trends, this book will serve as the go-to information and education source for judges and administrators, as well as for lawyers, public officials and platform designers worldwide.
Author: Jelle van Veenen
Publisher: Maklu
ISBN: 9046604373
Category : Law
Languages : en
Pages : 175
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Book Description
The potential of online communication to reduce the costs of dispute resolution has long been recognized. Apart from cost reduction, online applications may also improve the quality of dispute resolution. Online communication can be limiting when offline processes are copied into an online environment. However, by designing processes specifically for the medium, innovations are possible that are not available in offline dispute resolution. In this book, the limitations and benefits of using online communication for dispute resolution processes are investigated. The book also explores the potential of online communication to support a specific dispute resolution process. The focus is on tools to support integrative negotiation, which is a common method for negotiating disputes, used widely in legal practice and embedded in the formal system of many countries in the form of court-annexed mediation. The process is usually described in general terms. In this research, the process is broken down into 14 concrete tasks. Additionally, several chapters describe how online applications may support users in dealing with communication issues (miscommunication, distrust, and strong emotions), in uncovering interests, and in developing creative outcomes. Examples from three applications demonstrate how these methods are being used in practice.
Author: Lisa Blomgren Amsler
Publisher: Stanford University Press
ISBN: 1503611361
Category : Law
Languages : en
Pages : 406
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Book Description
Dispute System Design walks readers through the art of successfully designing a system for preventing, managing, and resolving conflicts and legally-framed disputes. Drawing on decades of expertise as instructors and consultants, the authors show how dispute systems design can be used within all types of organizations, including business firms, nonprofit organizations, and international and transnational bodies. This book has two parts: the first teaches readers the foundations of Dispute System Design (DSD), describing bedrock concepts, and case chapters exploring DSD across a range of experiences, including public and community justice, conflict within and beyond organizations, international and comparative systems, and multi-jurisdictional and complex systems. This book is intended for anyone who is interested in the theory or practice of DSD, who uses or wants to understand mediation, arbitration, court trial, or other dispute resolution processes, or who designs or improves existing processes and systems.
Author:
Publisher:
ISBN:
Category : Dispute resolution (Law)
Languages : en
Pages : 680
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Book Description
Author: Ethan Katsh
Publisher: Oxford University Press
ISBN: 0190464607
Category : Law
Languages : en
Pages : 265
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Book Description
Improving access to justice has been an ongoing process, and on-demand justice should be a natural part of our increasingly on-demand society. What can we do for example when Facebook blocks our account, we're harassed on Twitter, discover that our credit report contains errors, or receive a negative review on Airbnb? How do we effectively resolve these and other such issues? Digital Justice introduces the reader to new technological tools to resolve and prevent disputes bringing dispute resolution to cyberspace, where those who would never look to a court for assistance can find help for instance via a smartphone. The authors focus particular attention on five areas that have seen great innovation as well as large volumes of disputes: ecommerce, healthcare, social media, labor, and the courts. As conflicts escalate with the increase in innovation, the authors emphasize the need for new dispute resolution processes and new ways to avoid disputes, something that has been ignored by those seeking to improve access to justice in the past.
Author: Nancy H. Rogers
Publisher: Aspen Publishing
ISBN: 1543805361
Category : Law
Languages : en
Pages : 651
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Book Description
Designing Systems and Processes for Managing Disputes features a hands-on, interdisciplinary approach with wide-ranging practical applications. Seven real-life case studies and numerous examples have students designing and implementing a process for resolving and preventing disputes where traditional processes have failed. This is a must-read for students and practitioners alike. New to the Second Edition: A chapter-long focus on facilitation skills for designers The addition of a seventh central case study related to processes following the Trayvon Martin shooting in Sanford, Florida A new appendix with an overview of mediation for students who have not taken a prior course in mediation An interesting new story by a Brazilian judge who used Designing Systems and Processes for Managing Disputes to create new processes to resolve multiple cases, some pending over 20 years, arising from lands taken to create a new national park A new question focusing on the issues related to designing court-connected mediation programs Updates throughout all chapters and the appendix Professors and students will benefit from: Focus on skills development for dispute systems designers A multidisciplinary approach Biographies of designers, providing students with a sense of how to get into dispute systems design work An appendix assisting students who have no background in dispute resolution, with brief overviews of negotiation, mediation, and arbitration Problems and exercises to help students apply their learning Examples of complex disputes Featured disputes including eBay, a child abuse claims tribunals, court-related mediation, intra-institutional disputes, and community and post-violence conflicts
Author: Davide Carneiro
Publisher: Springer
ISBN: 3319062395
Category : Computers
Languages : en
Pages : 297
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Book Description
This book studies how technological solutions can be used to alleviate the current state of legal systems, with their clogged up courtrooms and inefficient conflict resolution methods. It reviews the shortcomings and disadvantages of traditional and alternative conflict resolution methods and turns to Artificial Intelligence for problem-solving techniques and solutions. The book is divided into four parts. The first part presents a general and systematic analysis of the current state of the legal systems, identifying the main problems and their causes. It then moves on to present UM Court: a framework for testing and prototyping conflict resolution services. This framework was developed with the objective of using Artificial Intelligence techniques to build a service environment for conflict resolution. The third part of the book takes a step into the future by analyzing the use of Intelligent Environments in the support of conflict management and resolution. It describes the approach taken and the experiments performed in the Intelligent Systems Lab of the University of Minho. The final part of the book contains the conclusions and shows the potential advantages of the use of Intelligent Environments as a way to implement better conflict resolution procedures (virtual or real), in which all the participants have access to more and better information and are able to take better informed decisions.
