Teaching ODR Online and Offline
David Allen Larson, Professor of LawSenior Fellow, Dispute Resolution Institute
Hamline Univ. Sch. of LawSaint Paul, Minnesota
© D
avid
Alle
n La
rson
1
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
© D
avid
Alle
n La
rson
3
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
© D
avid
Alle
n La
rson
4
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
© D
avid
Alle
n La
rson
5
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
© D
avid
Alle
n La
rson
6
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
© D
avid
Alle
n La
rson
7
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
© D
avid
Alle
n La
rson
8
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
© D
avid
Alle
n La
rson
9
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?”
© D
avid
Alle
n La
rson
10
**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”
© D
avid
Alle
n La
rson
11
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/
© D
avid
Alle
n La
rson
12
**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
© D
avid
Alle
n La
rson
13
Prefer?
•Ad hoc or Concord• Flexibility – own fault?•Blackboard is promising
© D
avid
Alle
n La
rson
14
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?
© D
avid
Alle
n La
rson
15
Student Led
•Divide class into groups that constantly change• Student groups summarize and
critique the readings each week•30 minutes ©
Dav
id A
llen
Lars
on
16
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…
© D
avid
Alle
n La
rson
17
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?
© D
avid
Alle
n La
rson
18
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
© D
avid
Alle
n La
rson
19
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?
© D
avid
Alle
n La
rson
20
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
© D
avid
Alle
n La
rson
21
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
© D
avid
Alle
n La
rson
22
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
© D
avid
Alle
n La
rson
23
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
© D
avid
Alle
n La
rson
ld
24
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
© D
avid
Alle
n La
rson
25
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”?
© D
avid
Alle
n La
rson
26
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
© D
avid
Alle
n La
rson
27
CIBN – Distance Learning
© D
avid
Alle
n La
rson
28
• 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?
© D
avid
Alle
n La
rson
29