Teaching ODR Online and Offline

David Allen Larson, Professor of LawSenior Fellow, Dispute Resolution Institute

Hamline Univ. Sch. of LawSaint Paul, Minnesota

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Teaching Technology Facilitated/Mediated Dispute

Resolution (TFDR/TMDR/ODR) 1) Primary focus – dispute resolution theory/practice or the technologies that can facilitate dispute resolution?•2) What difference do different platforms

make, e.g. Learning House, Blackboard•3) Should we be teaching about artificial

intelligence

Teach ADR or Technology?

•Obviously not completely one or the other•Very real practical problem – time• Law School semester – 13 weeks•Masters in the Study of Law – 8 weeks • Summer programs – 2 credits•1400 minutes, 23.33 hours, 5 – 6 days

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How should we spend our minutes?

•Cyber Skills and Dispute Resolution•Very different than traditional ADR

survey courses• Students have wide range of ADR

experience•Hamline – numerous disp. res. courses• So I assign limited definitional or

backround material

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Significant Focus on Technology

•Hands on experience with many different technologies• Interclass negotiations and global

competitions using Smartsettle•Negotiate using ExpertNegotiator, look at

Modria, blind-bidding & evolution of CyberSettle•Once upon a time Win²• Trials – iCourthouse, Virtualjury, eJury

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Any foundation?• Online Dispute Resolution: Theory and

Practice: A Treatise on Technology and Dispute Resolution, eds. Mohamed S. Abdel Waheb, Ethan Katsh, and Daniel Rainey, Eleven International Publishing, (2012)• Selected Reading - Online Dispute Resolution:

Resolving Disputes in Cyberspace by Ethan Katsh and Janet Rifkin (2001) (4th party & Convenience, Trust and Expertise triangle)• Numerous recent articles

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Try technologies in different contexts

• Fall 2013 – one week e-mail negotiation, students at Hamline Univ., Cornell Univ. and U. of Connecticut•U. of Hong Kong multi-issue negotiation•1st text message, then email, then Skype•Compare and critique technologies•How best use the technologies

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Intentional Limited Introduction to ADR Theory

•Do not want students predisposed to try to fit technologies into offline models• Try commercial ODR platforms •But also try what ever technology they

can find free-form/ad hoc•And maybe discover a new approach, a

new theory of ODR/TMDR/TFDR

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Be Creative

•Binaural beats induce brainwave frequencies that encourage sleeping,

relaxation, concentration, better memory, better learning, & other effects

•Beta waves (14 Hz to 30 Hz) - concentration, arousal, alertness, & cognition.

•Alpha waves (8 Hz to 13.9 Hz) - relaxation, super-learning, relaxed focus, light

trance, & increased serotonin production.

•Theta waves (4 Hz to 7.9 Hz) - dreaming sleep, increased production of

catecholamines (for learning and memory), & increased creativity.

•Delta waves (0.1 Hz to 3.9 Hz) - dreamless sleep & human growth hormone

release.

•Lighting, color filters, music, sound effects, staging

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Forward Looking Topics

• “Why Twitter Should Market Itself as an ODR Tool”• “Removing Race from the Bargain: How ODR

Can Reduce the Impact of Race in the Criminal Justice System” (Plea Bargaining)• “The Information Technology Revolution is

Transforming Online Dispute Resolution, But What Does the Future Hold for Us?”

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**Spend Much Time Discussing Artificial Intelligence?

•We must•Robo investment advisors – Schwab,

Fidelity, Vanguard, Personal Capital, Wealthfront, Betterment•Billions of dollars - entire investment

and retirement accounts•Robots are now “deep learning”

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BRETT• Berkeley Robot for the Elimination of Tedious

Tasks• Don’t pre-programme robots to handle all

possible scenarios – “a gargantuan task” • Emulate our minds, deep learning algorithms

create ‘neural nets’, in which layers of artificial neurons process raw sensory data like sound waves or image pixels and then try to interpret patterns and categories in the data it’s receiving.

• http://www.forbes.com/sites/bridaineparnell/2015/05/26/brett-the-robot-learns-to-do-new-things-just-like-a-kid-does/

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**Does the Platform Affect How We Teach?

•Duh•ADR and Technology – Concord Law

School proprietary software•ADR & Technology/Cyber Skills & Dispute

Resolution – Hamline & Univ. Queensland•Regulation in America – Learning House•Mitchell|Hamline School of Law -

Blackboard

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Prefer?

•Ad hoc or Concord• Flexibility – own fault?•Blackboard is promising

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Cyber Skills and Dispute Resolution

•One semester, class periods are two full hours sessions, one time per week• Each year - same questions•What to teach? How to teach?•How much in-person classroom time?

How much distance learning?•Only 12 meetings in a semester.• Teach ADR theory? Basic Skills?

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Student Led

•Divide class into groups that constantly change• Student groups summarize and

critique the readings each week•30 minutes ©

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Demonstrate Geography is No Barrier

•Demonstrate communication technologies by bringing in experts•Colin Rule, Daniel Rainey, Ethan

Katsh, Ernie Thiessen and Carissa Boynton Graham Ross, Marty Latz, Mohamed S. Abdel Waheb…

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Artificial Intelligence and Emerging Technology

• Review recent technology developments from various disciplines and determine applicability to dispute resolution• Ex. – Google Glass and mediation• Getting to Yes – seek objective information• Parties have immediate access to internet

but authentication and validation?•Mindfulness?

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Student Presentations and Papers

• Exploring the Virtual Courtroom• How Does ODR Accommodate Different Cultures?• Ombudsmanship: Online World Evolution & Failures • **Group Online Dispute Resolution: Proposal to Keep

All Members Engaged (Minnesota Orchestra Lockout)• **ODR Immersion Theory: A Meta-Paradigm for

Understanding and Promoting the Popularization of Online Dispute Resolution• eBay: The World’s Most Successful Multilevel Online

Reputation System?• ODR Stagnation

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Student Presentations and Papers

• The Social Media Dispute Prevention Network • Evaluation of UNCITRAL’s Working Group III• **Why Twitter Should Market Itself as an ODR Tool• Online Reputation Systems’ Mobile Applications• The Online Dispute Resolution Enforcement Problem• Why Amazon’s Informal Customer Review System

May Be More Effective and Alluring to the Average Customer Than Its Formal Process• **Proposal to End the Need for Common Language

in International Disputes: Is Existing Language Translation Technology Sufficient?

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Certificate in International Business Negotiation (CIBN)

•Hamline University School of Law•Dispute Resolution Institute• Three year Rethinking Negotiation

Teaching•Rome, Istanbul and Beijing•Move beyond hypos and simulations

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Negotiation 2.0• “Re-imagine” the negotiator – relational/co-

creation vs. individual/autonomous• The interactions themselves are central• Change how we see the process of negotiation • 3 dimensions introduced in 2 credit segment

and carried into 4 credit segment• A different and fuller “awareness of self”; • A different and greater “awareness of other;” • A different and greater “awareness of context.”• http://law.hamline.edu/rethinkingNegotiation.html

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CIBN

•Relies heavily on technology•Hong Kong Shue Yan University•Hamline University School of Law (HUSL)• Total - 6 credits•2 credit identical course in residence HK

& MN • In context of each side of negotiation•Next 4 hour credits are online

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CIBN – in residence• 1 HUSL Prof, 1 Shue Yan• Students all have iPads•While in residence, divide into groups,

investigate 3 bldgs for your headquarters• Pick one and convince other groups•Use photos, maps, video – all your technology•Minimize traditional simulations (assigned

roles)• Your experiences/real companies/series•Use iPads and research companies

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CIBN – Distance Learning

•HUSL Prof returns to MN and match up students•Now 4 credits• Synchronous and asychronous• Series of negotiations• Students choose mediums•Adventure/Experiential learning

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CIBN – Distance Learning

• Teach in a way that is consistent with the relational principles that guide second generation negotiation thinking. • “The quality and manner in which

instructors interact with students in the classroom (the “how”) is itself an essential “content” element of a course”•What is “true,” “right,” or “just”?

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CIBN – Distance Learning

•One group presentation re: an internal negotiation•6 – 8 students, Blackboard collaborate•Not only presentation•Discussion forums•Not “sage on stage” • Teach each other

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CIBN – Distance Learning

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• iPad has a proprietary “app” •Materials and technology needed (including

readings, video content, access to the internet, and communications software). • Assignments & course activities are stored in

the “cloud” and include hyperlinks such as Culture GPS and TEDtalks• During distance portion, the U.S. and Hong

Kong groups were deliberately intermixed, never met.

CIBN – Distance Learning• Course project teams, online discussions, and

series of negotiations with counterparts across the Pacific. • Limitations and advantages to working with

technology and distance. • Ex - Are synchronous (e.g., Skype) and

asynchronous (e.g., email) technologies effective for group projects, class assignments and negotiation activities when in a time zone thirteen hours away?

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