This chapter is from “Online Dispute Resolution
Theory and Practice,” Mohamed Abdel Wahab, Ethan Katsh & Daniel Rainey ( Eds.), published, sold and distributed by Eleven International Publishing.
The Hague, Netherlands at: www.elevenpub.com.
Online dispute resolution (ODR) and eNegotiation are two overlapping components within
the world of electronic group decision support systems. eNegotiation encompasses all
online transactions in which two or more parties seek an agreement through negotiation.
These negotiations can range from e-Commerce to international peace treaties. ODR
includes all forms of electronically assisted dispute resolution, often with human intervention including online mediation and arbitration processes that do not involve negotiation. In exploring the use of eNegotiation for ODR, these boundaries can become
fuzzy, and in the future they may blur even more as intelligent agents become part of
eNegotiationis derived from “electronic negotiation” in the same way that e-mail is short
for “electronic mail”. It is a process that uses a negotiation support system including
computers or other forms of electronic communications that enable parties to negotiate
their own agreements. In its most advanced form, eNegotiation is a form of artificial
intelligence that fully automates mediation (perfectly neutral, super intelligent, and very
secure). While in many cases unnecessary, eNegotiations can include face-to-face meetings
if such meetings enhance the process.
Recommendation Principles on Family Mediation On January 21, 1998 the Committee of Ministers of the Council of Europe adopted a recommendation Number R(98)1 entitled Family Mediation in Europe. The text...By Committee of Ministers of the Council of Europe