David Allen Larson, Professor of Law
Senior Fellow, Dispute Resolution Institute
Hamline Univ. Sch. of Law
Saint Paul, Minnesota
© David Allen Larson
Teaching ODR Online
and Offline
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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
• 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
© David Allen Larson
Teach ADR or Technology?
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• 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
© David Allen Larson
How should we spend our
minutes?
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• 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
© David Allen Larson
Significant Focus on Technology
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• 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
© David Allen Larson
Any foundation?
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• 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
© David Allen Larson
Try technologies in different
contexts
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• 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
© David Allen Larson
Intentional Limited
Introduction to ADR Theory
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Be Creative
• Binaural beats induce brainwave frequencies that encourage sleeping,
relaxation, concentration, better memory, better learning, & other effects
• 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
© David Allen Larson
• Beta waves (14 Hz to 30 Hz) - concentration, arousal, alertness, & cognition.
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
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• “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?”
© David Allen Larson
Forward Looking Topics
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• 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”
© David Allen Larson
**Spend Much Time Discussing
Artificial Intelligence?
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• 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-therobot-learns-to-do-new-things-just-like-a-kid-does/
© David Allen Larson
BRETT
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• 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
© David Allen Larson
**Does the Platform Affect How
We Teach?
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• Ad hoc or Concord
• Flexibility – own fault?
• Blackboard is promising
© David Allen Larson
Prefer?
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• 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?
© David Allen Larson
Cyber Skills and Dispute
Resolution
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• Divide class into groups that
constantly change
• Student groups summarize and
critique the readings each week
• 30 minutes
© David Allen Larson
Student Led
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• 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…
© David Allen Larson
Demonstrate Geography is No
Barrier
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• 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?
© David Allen Larson
Artificial Intelligence and
Emerging Technology
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• 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
© David Allen Larson
Student Presentations and
Papers
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• 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?
© David Allen Larson
Student Presentations and
Papers
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• Hamline University School of Law
• Dispute Resolution Institute
• Three year Rethinking Negotiation
Teaching
• Rome, Istanbul and Beijing
• Move beyond hypos and simulations
© David Allen Larson
Certificate in International
Business Negotiation (CIBN)
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• “Re-imagine” the negotiator – relational/cocreation 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
© David Allen Larson
Negotiation 2.0
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• 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
© David Allen Larson
CIBN
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• 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
© David Allen Larson ld
CIBN – in residence
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• HUSL Prof returns to MN and match
up students
• Now 4 credits
• Synchronous and asychronous
• Series of negotiations
• Students choose mediums
• Adventure/Experiential learning
© David Allen Larson
CIBN – Distance Learning
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• 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”?
© David Allen Larson
CIBN – Distance Learning
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• One group presentation re: an
internal negotiation
• 6 – 8 students, Blackboard collaborate
• Not only presentation
• Discussion forums
• Not “sage on stage”
• Teach each other
© David Allen Larson
CIBN – Distance Learning
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• 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.
© David Allen Larson
CIBN – Distance Learning
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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?
© David Allen Larson
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