Bargaining in the international arena is intrinsically positional. Negotiators are often instructed by their governments not to improvise or explore new options when they meet with their counterparts—even though the invention of additional tradeoffs or packages might well produce “better” results for all sides. This article describes an approach that we call “parallel informal negotiation” which encourages a collaborative effort between contending groups that were officially not even allowed to interact: international trade and environment policy makers.

As the pandemic forces public and private institutions to move online, many court and business leaders are looking to the field of online dispute resolution (ODR) for best practices and lessons learned. Developed over the last twenty years, largely in response to the growth of e‐commerce, the ODR field has generated a deep well of theory and practice while also identifying potential ethical dilemmas and risks. The application of technology, the “fourth party,” plays an increasingly integral role in how we negotiate resolutions to our disputes, with or without a third party. A brief overview of the history of ODR’s development will set the context for the exploration of the range of tools and techniques encompassed by online dispute resolution. Consideration of the ethical challenges raised by ODR practice will illuminate key questions and choices that need to be made in designing ODR systems and in governing their use.

Bargaining in the international arena is intrinsically positional Negotiators are often instructed by their governments not to improvise or explore new options when they meet with their counterparts --even though the invention of additional tradeoffs or packages might well produce "better" results for all sides. This article describes an approach that we call "parallel informal negotiation" which encourages a collaborative effort between contending groups that were officially not even allowed to interact: international trade and environment policy makers.

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