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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.


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