An Architecture for a Smart Fourth Party in an Online Dispute Resolution Platform

L. Butgereit
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Abstract

Disputes involve two different people or parties. Because of cost or time constraints, the two parties may wish to avoid a lengthy court case and, instead, involve a mediator or arbitrator to help them resolve the dispute. This mediator or arbitrator is often called the third party with the two original participants being called the first and second parties. As this mediation or arbitration process becomes an online process (as in the case of Online Depute Resolution - ODR), the platform used for the ODR has been called the Fourth Party. This paper looks at a technology architecture for creating such a Fourth Party. This paper looks at different types of Alternate Dispute Resolution systems. The paper then progresses to ODR systems. Different facilities of various ODR systems are itemised and a few examples of ODR systems which have already been used or developed are described. A brief disussion of a pilot program is provided including comments about the data which was collected during this pilot. Finally, a proposed IT architecture is provided for an ODR system including a fully fledged Fourth Party as defined by Katsh and Rifkin – including algorithmic support.
在线争议解决平台中智能第四方的体系结构
争议涉及两个不同的人或党派。由于费用或时间的限制,双方可能希望避免冗长的法庭案件,而是让调解员或仲裁员帮助他们解决争议。这个调解员或仲裁员通常被称为第三方,两个原始参与者被称为第一和第二方。由于这种调解或仲裁过程成为在线过程(如在线代理解决方案(online deputy Resolution,简称ODR)),用于ODR的平台被称为第四方。本文着眼于创建这样一个第四方的技术体系结构。本文着眼于不同类型的替代性争议解决系统。然后,论文进一步讨论了ODR系统。本文详细列举了各种ODR系统的不同设施,并介绍了一些已经使用或开发的ODR系统的例子。简要讨论了试点计划,包括对试点期间收集的数据的评论。最后,为ODR系统提供了一个建议的IT架构,其中包括Katsh和Rifkin定义的完全成熟的第四方——包括算法支持。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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