Technologies for supporting dispute resolution (original) (raw)

Cambridge University Press eBooks, 2010

Abstract

Introduction Information technology has become an integral part of dispute resolution processes, and is of course an essential ingredient of Online Dispute Resolution (ODR). Recently, the role of IT has become prominent in the provision of offline dispute resolution services. Within the judiciary, the introduction of IT is often used as an enabler of change within the organisation (see, for example, Fabri and Contini 2001; Oskamp et al . 2004). A striking example of the use of IT in courts relates to Singapore (Thian 2004). Within ten years, an old-fashioned, slow-working judicial organisation with enormous backlogs became a smooth-functioning, modern judiciary with hardly any backlog. However, no matter how influential IT currently is in the operation of the judiciary, most judicial applications do not deal with the real content of the cases before the court. Tools that support calculations are an exception: for example, calculators which are used by judges to determine alimony in divorce proceedings. Basically, IT helps in streamlining the process. Examples include case management and workflow management systems. As distinct from traditional offline processes, ODR by nature needs IT to resolve the conflict: in the online environment all communication is inherently electronic. So, the role of technology is pivotal, and information technology is always present. The authors of this text have roots in the field of Artificial Intelligence and Law. One of the aims of Artificial Intelligence and Law is basically to apply advanced technology to the domain of law. Conflicts lie at the heart of law.

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