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The Potential of Online Text-Based Communication to Support Interest-Based Dispute Resolution

By Jelle van Veenen

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.

174 pages

Publication Date: 6/1/2011
Format: Paper
ISBN: 9789046604373