Title :
An architecture and issues for Online Dispute Resolution with fairness and justice
Author :
Xu, Zhengchuan ; Zhang, Chenghong ; Zhao, Rong ; Gao, Jiamming
Author_Institution :
Fudan Univ., Shanghai
Abstract :
Dispute resolution is a very important aspect in our society. Most dispute resolution is settled by negotiation rather than litigation. With the development of information techniques, online dispute resolution (ODR) have flourished for decade. While most negotiation tools for ODR are based on utility theory instead of fairness and justice. In order to better protect the weak party on the bargaining table, we need to enhance the fairness and justice of dispute resolution. A substantial research literature shows that peoplepsilas judgments of how fair an decision is play an important role in their attitude toward the decision. Such bargaining often occurs in the shadow of the Principle, which includes government laws, industry self-regulation, and contract agreed by parties involved should be the basic guideline. An expert system approach is used to construct a dispute resolution system with fairness and justice that can determine which party is liable or responsible for the dispute. An issue list is presented to explore the implementation issues on building such a system.
Keywords :
law; bargaining table; contract agreement; fairness; government laws; industry self-regulation; justice; negotiation; online dispute resolution; Buildings; Contracts; Expert systems; Government; Guidelines; Protection; Utility theory; Fairness; Justice; Negotiation; Online Dispute Resolution;
Conference_Titel :
Control and Decision Conference, 2008. CCDC 2008. Chinese
Conference_Location :
Yantai, Shandong
Print_ISBN :
978-1-4244-1733-9
Electronic_ISBN :
978-1-4244-1734-6
DOI :
10.1109/CCDC.2008.4598076