Drawing from research on computational models of argumentation (particularly the Carneades Argumentation System), we explore the graphical representation of arguments in a dispute; then, comparing two different traditions on the limits of the justification of decisions, and devising an intermediate, semi-formal, model, we also show that it can shed light on the theory of dispute resolution. We ...

The outcome of a due process hearing between parents and a school district concerning a child's special education program rarely draws the attention of anyone beyond the parties to that dispute. The resulting decision of the hearing officer similarly impacts only the parties to the dispute, without extending to other parents and school districts seeking an adjudication to resolve their disagree...

a r t i c l e i n f o The use of alternative dispute resolution (ADR) to solve environmental disputes is expected to increase in the near future. Therefore, it is important to evaluate the effectiveness of environmental ADR empirically. However, the majority of empirical literature of environmental ADR provides merely descriptive case studies. Using a large micro-level database from Japan, this...

The current trend in Online Dispute Resolution focuses mostly on the development of technological tools that allow parties to solve conflicts through telecommunication means. However, this tendency leaves aside key issues, namely our concern with respect to context information that was previously available in traditional Alternative Dispute Resolution processes. The main weakness of this approa...

The current trend in Online Dispute Resolution focuses mostly on the development of technological tools that allow parties to solve conflicts through telecommunication means. However, this tendency leaves aside key issues, namely the context information that was previously available in traditional Alternative Dispute Resolution processes. The main weakness of this approach is that conflict reso...

When we think about mediation, we always look at it as an alternative dispute resolution (ADR) mechanism for ‘resolution of dispute’ or something closely connected with the ‘legal system’ or ‘administration of justice’. But when we analyse the process of mediation where the resolution of a conflict is sought to made in a consensual mode by addressing the underlying emotions that gave rise to it...

We compare three common dispute resolution processes – negotiation, mediation, and arbitration – in the framework of Crawford and Sobel [V. Crawford, J. Sobel, Strategic information transmission, Econometrica 50 (6) (1982) 1431–1451]. Under negotiation, the two parties engage in (possibly arbitrarily long) face-to-face cheap talk. Under mediation, the parties communicate with a neutral third pa...

Abstr act. When contracting through software agents, disputes will inevitably arise. Thus there is an urgent need to find alternatives to litigation for resolving conflicts. Methods of Online Dispute Resolution (ODR) need to be considered to resolve such disputes. Having agents understanding what the dispute is about, managing all interaction between the parties and even formulating proposed so...

It is well-known that if the parties in a legal dispute agree about the likelihood of potential trial outcomes then they will be inclined to settle vs. going to trial in order to reduce litigation costs and risk. In this paper, we assume that both plaintiff and defendant evaluate this decision in accordance with Cumulative Prospect Theory. It is found that the two parties will sometimes be unab...