1. Enhanced Dispute Resolution Through the Use of Information Technology John Zeleznikow Victoria University, Melbourne, AUSTRALIA john.zeleznikow@vu.edu.au Phone: 04 3215 4217

2. The problem Alternative dispute resolution (ADR) has now supplanted litigation as the principal method of dispute resolution. Information technology can be used to enhance processes and performance in ADR. Online dispute resolution (ODR) is a branch of dispute resolution which uses technology to facilitate the resolution of disputes between parties

3. Negotiation Decision Support Decision support systems constitute a class of computer-based information systems that support decision making activities. We have been constructing decision support systems to help disputants conduct enhanced negotiations.

4. Split Up Constructed with Andrew Stranieri Uses data mining to learn how Australian Family Court judges distributed marital property ( see Stranieri, A. and Zeleznikow, J. 2005. Knowledge Discovery from Legal Databases, Springer Law and Philosophy Library, Volume 69, Dordrecht, The Netherlands ) Uses Toulmin’s theory of argumentation Shell has been built and systems constructed in copyright, eligibility for legal aid, eye witness identification, refugee law and sentencing Provides advice about BATNAs.

5. Family Winner Provides advice about interest based negotiation. Whilst domain is Family Law it can be used in a variety of commercial disputes. It won its heat on New Inventors Program - http://www.abc.net.au/newinventors/txt/s150 4763.htm http://www.abc.net.au/newinventors/txt/s150 4763.htm The software not only provides advice about potential trade-offs but also educates disputants about the negotiation process and allows them to engage in hypotheticals.

6. Asset Divider and Online Family Dispute Resolution With Relationships Australia (Queensland) we are constructing an Online Family Dispute Resolution System. Asset Divider is a tool that advises mediators about trade-offs and provides pre-education for disputants. As well as workbooks, videos and family law commentaries, Asset Divider is an important educational tool. Enhancements on Family Winner include

7. Asset Divider and enhancements on Family Winner Ability for mediator to give unequal distributions to parties (e.g 60/40) Values of assets incorporated into the dispute Negative contributions are incorporated e.g. credit card and gambling debts and mortgages. A cash contribution can be made to even out the asset distribution. Can be used for other disputes e.g. Middle East and particularly financial disputes

8. Asset Divider on Middle East Dispute

9. Body Corporate Disputes We have developed an online decision support guide to relevant case law decisions in body corporate (= strata title) disputes. We analysed 85 reported property law cases listed on the AustLII website. 12 discrete areas of decision making were revealed. From these factors we modelled judicial reasoning using the Samiam Bayesian Network tool.

10. Graph for for Cases involving Overturning Majority Decisions of an OC

11. Case represented in Samian

12. Inferred Outcome The facts were the same as the Boswell v Forbes case. Inferred outcome is that the member allows the OC time to remedy the breach of law. Even though there was a breach of the law, the value of the ‘Good Faith’ variable was asserted to be true, thus, the value of the ‘Breach of Law’ variable changed automatically to ‘No’. This does not mean that a breach of law is now considered not to have occurred. This factor was merely nullified by the ‘Good Faith’ variable, when inferring a likely outcome. Inferred outcome the same as actual Boswell v Forbes outcome