Online Dispute Resolution

The Dilemma of Private Justice Systems: Big Data Sources, the Cloud and Predictive Analytics by Indiana University business professor Anjanette Raymond.  The abstract:

In the age of big data, demanding customer expectations, and increasingly limited access to justice for small claims arising from online sales, business organizations are moving to enhanced online customer complaint platforms and insisting upon increased online justice resolution systems. At the same time, online businesses, even websites you fail to think of as a business, are moving from traditional analytics that provide a snapshot of the past, to solutions that provide an accurate picture of the present and a prediction of future trends. For many, predictive analytics is the wave of the future.

In many ways, the use of predictive analytics is a wonderful occurrence, as our packages will arrive in a more timely manner, our advertising will be more personal and our online and physical lives will be tailored, monitored and adjusted to our interests, life styles and immediate needs without so much as a hiccup. However, what will happen when the current push for private online dispute resolution systems meets the current big data gathering of a private market? Will the private online dispute resolution providers use the information gathered for good, or as a means to quickly resolve disputes without notice of the law, personal rights and/or ethical outcomes? Worse yet, what will happen when the private market of online dispute resolution faces the demands of a business environment that would prefer analytic outcomes to be skewed to favor the business? Bear in mind, these issues do not arise in a prediction, these private online dispute resolution mechanisms already exist and are growing in support and use on a daily basis.

This paper will explore the emerging issue that occurs when private online dispute resolution providers are allowed, without transparency, oversight, or regulation, to create a justice system that knows a lot of personal information about you but is required to follow no legal standard or regulation to resolve your dispute with a merchant.

Handshaking Promotes Cooperative Dealmaking

Handshaking Promotes Cooperative Dealmaking, according to a paper, by University of Chicago and Harvard business school professors.  The abstract:

Humans use subtle sources of information — like nonverbal behavior — to determine whether to act cooperatively or antagonistically when they negotiate. Handshakes are particularly consequential nonverbal gestures in negotiations because people feel comfortable initiating negotiations with them and believe they signal cooperation (Study 1). We show that handshakes increase cooperative behaviors, affecting outcomes for integrative and distributive negotiations. In two studies with MBA students, pairs who shook hands before integrative negotiations obtained higher joint outcomes (Studies 2a and 2b). Pairs randomly assigned to shake hands were more likely to openly reveal their preferences on trade-off issues, which improved joint outcomes (Study 3). In a fourth study using a distributive negotiation, pairs of executives assigned to shake hands were less likely to lie about their preferences and crafted agreements that split the bargaining zone more equally. Together, these studies show that handshaking promotes the adoption of cooperative strategies and influences negotiation outcomes.

Deceptive Negotiation Tactics

From the Harvard Program on Negotiation Blog and Professor G. Richard Shell:

1. Lies about bottom lines and alternatives.

2. “Too good to be true” offers.

3. Escalation of commitment.

4. Lack of reciprocity.

5. Last-minute nibbling.

Selecting a Mediator and Drafting an Agreement to Mediate

Good advice from the UK law firm Herbert Smith Freehills.