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33 Ohio St. J. on Disp. Resol. 91 (2018)
Can Computers Be Fair: How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration

handle is hein.journals/ohjdpr33 and id is 97 raw text is: Can Computers Be Fair? How Automated and Human-Powered Online Dispute Resolution Affect Procedural Justice in Mediation and Arbitration AYELET SELA* I. INTRODUCTION H. CONCEPTUALIZING THE ROLE OF TECHNOLOGY IN ODR A. Technology as the Fourth Party B. Instrumental vs. Principal ODR Systems III. PROCEDURAL JUSTICE IN INSTRUMENTAL VS. PRINCIPAL ODR A. Online Mediation: Expectations about Constrained Interaction 1. ONLINE INTERACTION IN CONFLICT: NON-VERBAL CUES, TRUST AND EXPECTATIONS 2. INSTRUMENTAL MEDIATION: GREA TER EXPECTATIONS, LOWER SATISFACTION 3. PRINCIPAL MEDIATION: REDUCED EXPECTATIONS, HIGHER SATISFACTION B. Online Arbitration: Human Autonomy and Machine Made Justice C. Online Med-Arb: Consistent Technology for Meaningful Participation IV. EXPERIMENT: DISPUTANTS' EXPERIENCES IN ODR A. Experiment Design 1. INDEPENDENT VARIABLES 2. DEPENDENT VARIABLES 3. THE DISPUTE 4. THE MED-ARB PROCESS Research Fellow, Bar Ilan University Faculty of Law. For their thoughtful comments on earlier drafts, I thank Deborah Hensler, Mark Kelman, Janet Martinez, the deceased Clifford Nass, participants of the I It Annual Conference on Empirical Legal Studies at Duke University, and participants in the 111 ODR Forum in Prague. 91

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