National Center for Technology and Dispute Resolution

When I was asked by the ABA to write a chapter about online negotiation and adr work, I was faced with the question of what techniques would be transferable from face-to-face transactions and what new communication skills would be needed. This was pretty challenging. So, were all techniques transferable? Some? None? I needed some kind of theoretical a map, at least, from which I could start. But where would that map begin?

Hello and thanks for this stimulating questions! One question is whether we would necessarily want to transfer all capabilities and tools from the offline context to the online one. Perhaps this could be am opportunity to challenge some of the existing practices? What new capabilities have emerged online that we may want to think about ëxporting”to the offline setting?

Hi all –

Orna, Noam, Barbara, Gabi, so excited for the opportunity to joint all of you with this important issue..! Certainly, ADRs have made important contributions to ODRs, but, I totally agree with Orna when she points out that we now have also an opportunity to challenge some of the existing practices. Just transfering capabilities and tools, emulating ADRs, would probably imply to limit, break or put obstacles to their potential… and it’s maybe time to let ODRs fly alone… and also to learn from them … they have proved to be outstanding, cost effective and innovating in so many fields¡

Esther

Hi all – sorry I’m late on CW09 but just been through the trauma of a house move (’emigrated’ 25 miles to Wales!). My presentation at the recent Barcelona ODR/ADR workshop was on this very subject (”Building Trust Online. How to adapt mediation and negotiation techniques to the virtual environment”).You can download my paper here.http://v2.theclaimroom.com/images.lxp?host=337&filename=Building+Trust+Online.pdf I cover many of the problems encountered with some tips to help overcome. Would love to hear people’s thoughts on other techniques.

Perhaps there is a way to take on a new mindset that combines all that is useful about technology and f-2-f interactions. The subtitle of my chapter is “Keeping the Heart and Mind in Online Negotiation.” Colin’s approach (above) hits right into a useful methodology for any type of adr. Other odr practitioners, however, rely on technology alone to facilitate a very human process. Even though are multiple mechanisms (e.g. blind bidding, etc.) that might lead to the end of a mechanical process.it’s deadly to forget there are people with pulses who are the reason for using any technological processes.

And remember, just because someone agrees to a final set of terms — that doesn’t mean s/he likes the agreement. And that’s fertile ground for his/her never using a process again or an open invitation to “buyer’s remorse.”

Let me throw out a few ideas that might be helpful in building trust — not just a confidence brings about settlement will be binding, but trust that involves those human critters who pay for our services and brings about resolution.

How might you: 1-identify and capitalize on each (every) parties’ communication preferences (i.e., visual, auditory, kinesthetic)?- 2- identify and capitalize on the patterns that will trigger each parties’ actions?-3- identify and influence parties to act on their most important decision factors?