Smoothing Some Wrinkles in Online Dispute Resolution

This paper describes a persistent problem in online disputeresolution, namely substandard ODR presentations made by inarticulateand lesser dispute-wise disputants make the bargaining conditionsuneven. Three innovations are introduced to address the problem:the SSF design solution, expert-peer online assessment, anda formula for expert-peer assessment. The innovations buildon previous work, and have been modified to accommodate thelimitations and requirements of online dispute resolution andaddress the problem in section 1. The paper is organized infive sections. Section 1 describes the uneven condition favoringthe reputable disputants in online dispute resolution, thataffects inarticulate and disadvantaged, lesser dispute-wisedisputants. Section 2 is a review of the literature of threecommon solutions to the problem: structured argument solutions,technology-intensive solutions and design presentation solutions.The four research questions addressed at the end of Section2 are concerned only with the factors contributing to the statedproblem. Section 3 is an introduction to the SSF design solutionfor online dispute presentations to address the uneven conditionsfor less dispute-wise claimants and respondents. Section 4 introducesa method of presenting communications in online dispute resolutioncalled expert-peer online assessment, and an expert-peer formulafor evaluating online dispute presentations. Section 5 is adiscussion of the research questions introduced in section 2over the concerns expressed about ODR, and a considered reviewof the innovations in light of the literature on ODR.