Does resorting to online dispute resolution promote agreements? Experimental evidence

Gabuthy, Yannick; Jacquemet, Nicolas; Marchand, Nadège

doi:10.1016/j.euroecorev.2007.04.004

Cited by 8 publications

(5 citation statements)

References 55 publications

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“…See also [5,6] for a survey on incomplete contracts literature. See [9] for an-experimental-analysis of online negotiation, and [10], who describes how two major ODR platforms (i.e., Cybersettle and SquareTrade) worked. The reader can also refer to [11,12] for a more comprehensive overview of the different ODR methods that existed at the time.…”

Section: Discussionmentioning

confidence: 99%

“…Chief invests 2000 PNK (i.e., 'Pinakion', which is the crypto-token used by Kleros to select jurors for disputes), knowing that the likelihood of being selected as a juror increases with the amount invested. 9 Shortly thereafter, Chief is informed that he has been selected as a juror. He can then check the evidence and has three days to send a decision.…”

Section: Kleros and Decentralized Justicementioning

confidence: 99%

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Blockchain-Based Dispute Resolution: Insights and Challenges

Gabuthy

2023

Games

Self Cite

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A smart contract can be defined as a computer program, stored on a blockchain, which allows a transaction or an agreement—defined ex-ante—to be self-executed when some conditions are met, and without the need for a central authority to enforce it. Even if this new technology is very promising, it may face a challenge: the codified nature of smart contracts creates new types of disputes that require new mechanisms of dispute resolution, which are precisely based on the blockchain. The aim of this article is to analyze one of these emerging mechanisms, namely Kleros, which is a blockchain-based dispute resolution platform implying crowdsourced jurors whose incentives to make fair decisions are based on game theory. The Kleros case provides also a basis for a broader discussion on the future of the decentralized justice market.

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Section: Discussionmentioning

confidence: 99%

Section: Kleros and Decentralized Justicementioning

confidence: 99%

Blockchain-Based Dispute Resolution: Insights and Challenges

Gabuthy

2023

Games

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“…Other behavioral researchers explore the various aspects of negotiation, which are not discussed in design type of research: promoting agreements [52], the importance of language familiarity [53], anger, and flaming [54], different media and agreement [55], longer-term consequences of anger expression [56], and the effect of emotive language [57]. There are also studies [54][55][56][57][58][59] which used students in simulated deal-making negotiations.…”

Section: Overview Of Different Odr Artifacts Using Ai Techniquesmentioning

confidence: 99%

“…Among other things, ODR works with confidential business information. As reported by Gabuthy et al [52], a laboratory experiment is the only way to get data. In their case, this was a simulation experiment using game theory and did not directly involve human participants, as the experiment requires full control of the systematicity and accuracy of the realization by the researcher [76].…”

Section: Evaluation Of the Proposed Solutionmentioning

confidence: 99%

Business E-NeGotiAtion: A Method Using a Genetic Algorithm for Online Dispute Resolution in B2B Relationships

Šimková

Smutný

2021

JTAER

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An opportunity to resolve disputes as an out-of-court settlement through computer-mediated communication is usually easier, faster, and cheaper than filing an action in court. Artificial intelligence and law (AI & Law) research has gained importance in this area. The article presents a design of the E-NeGotiAtion method for assisted negotiation in business to business (B2B) relationships, which uses a genetic algorithm for selecting the most appropriate solution(s). The aim of the article is to present how the method is designed and contribute to knowledge on online dispute resolution (ODR) with a focus on B2B relationships. The evaluation of the method consisted of an embedded single-case study, where participants from two countries simulated the realities of negotiation between companies. For comparison, traditional negotiation via e-mail was also conducted. The evaluation confirms that the proposed E-NeGotiAtion method quickly achieves solution(s), approaching the optimal solution on which both sides can decide, and also very importantly, confirms that the method facilitates negotiation with the partner and creates a trusted result. The evaluation demonstrates that the proposed method is economically efficient for parties of the dispute compared to negotiation via e-mail. For a more complicated task with five or more products, the E-NeGotiAtion method is significantly more suitable than negotiation via e-mail for achieving a resolution that favors one side or the other as little as possible. In conclusion, it can be said that the proposed method fulfills the definition of the dual-task of ODR—it resolves disputes and builds confidence.

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“…If the dispute cannot be settled amicably, the parties can go to court or consider other dispute settlement procedures such as mediation, conciliation, etc. Recently, in countries of both general and continental traditions of law one can note increasingly active interest of researchers in alternative methods of dispute resolution (Bingham 2002;Chan and Suen 2005;Koolwijk 2006;Gebken and Gibson 2006;Gabuthy et al 2008;Ma et al 2008).…”

Section: Introductionmentioning

confidence: 99%

Selection of Rational Dispute Resolution Method by Applying New Step‐wise Weight Assessment Ratio Analysis (Swara)

Keršulienė

Zavadskas

Turskis

2010

Journal of Business Economics and Management

1,084

527

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Abstract. The paper considers major principles of application of the multi-attribute systems to solve legislative tasks. In order to assess dispute resolution methods from economic, social and other points of view, it is necessary to apply methods for assessing solutions according to multiple attributes. All known multi-attribute methods cannot value the atribute weights as one weight of attribute is higher or lower significant than the other attribute. The new step-wise weight assessment ratio analysis method (SWARA) allows including experts, lawyers or dispute parties opinion about significance ratio of the attributes in the process of rational decision determination. SWARA method could be applied in practical implementation of specialised decision support systems and alternative dispute resolution in virtual environment. Starting with principles and established approaches, a problem-structuring methodology was developed which would condition the problem to allow a more thoughtful application of existing decision-making analytic methodologies.Keywords:SWARA, dispute resolution, decision-making, ratio analysis.Reference to this paper should be made as follows: Keršulienė, V.; Zavadskas, E. K.; Turskis, Z. 2010. Selection of rational dispute resolution method by applying new stepwise weight assessment ratio analysis (SWARA), Journal of Business Economics and Management 11(2): 243-258.

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Does resorting to online dispute resolution promote agreements? Experimental evidence

Cited by 8 publications

References 55 publications

Blockchain-Based Dispute Resolution: Insights and Challenges

Blockchain-Based Dispute Resolution: Insights and Challenges

Business E-NeGotiAtion: A Method Using a Genetic Algorithm for Online Dispute Resolution in B2B Relationships

Selection of Rational Dispute Resolution Method by Applying New Step‐wise Weight Assessment Ratio Analysis (Swara)

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