Smoothing Some Wrinkles in Online Dispute Resolution

Abstract

This paper describes a persistent problem in online dispute resolution, namely substandard ODR presentations made by inarticulate and lesser dispute-wise disputants make the bargaining conditions uneven. Three innovations are introduced to address the problem: the SSF design solution, expert-peer online assessment, and a formula for expert-peer assessment. The innovations build on previous work, and have been modified to accommodate the limitations and requirements of online dispute resolution and address the problem in section 1. The paper is organized in five sections. Section 1 describes the uneven condition favoring the reputable disputants in online dispute resolution, that affects inarticulate and disadvantaged, lesser dispute-wise disputants. Section 2 is a review of the literature of three common solutions to the problem: structured argument solutions, technology-intensive solutions and design presentation solutions. The four research questions addressed at the end of Section 2 are concerned only with the factors contributing to the stated problem.Section 3 is an introduction to the SSF design solution for online dispute presentations to address the uneven conditions for less dispute-wise claimants and respondents. Section 4 introduces a method of presenting communications in online dispute resolution called expert-peer online assessment, and an expert-peer formula for evaluating online dispute presentations. Section 5 is a discussion of the research questions introduced in section 2 over the concerns expressed about ODR, and a considered review of the innovations in light of the literature on ODR.