Online dispute resolution
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Descriptions, definitions, synonyms, organizer terms, types of
Advances in technology and increasing popularity of the internet have prompted people to use the internet in new and innovative ways. One quickly-growing use of the internet is for online dispute resolution. Simply put, online dispute resolution is a method of settling some point of argument online. Synchronous and asynchronous chat rooms, email, websites, software, and video conferencing have become readily available to use for mediation, arbitration, and negotiation.
Application in classrooms and similar settings
There are many applications of online dispute resolution in the school setting and elsewhere.
One promising medium for online dispute resolution is online video conferencing. This exciting new use of existing technology could allow international disputes to be settled while eliminating travel. At this point in time, the "Virtual Courtroom" has been discussed and used experimentally in a project called Courtroom 21 (http://www.courtroom21.net/). Professor Frederick Lederer of the William and Mary School of Law, Williamsburg, Virginia and Professor Ethan Katsh, (http://www.odr.info/katsh.php) Professor of Legal Studies and the Director of the Center for Information Technology and Dispute Resolution at the University of Massachusetts, Amherst, are the academic leaders in this field. They have worked to integrate the ideas of the "virtual courtroom" and online dispute resolution.
Currently, Libertyville High School in Illinois, according to an article recently published in Curriculum Review (2005), has gone high-tech with peer mediation. The counselors at Libertyville High are encouraging students to use email as a way to facilitate peer mediation. Mediators are required to keep all incidents confidential, but there is always the possibility of an email accidentally being forwarded. According to the report in Curriculum Review (2005), the director of Massachusetts-based School Mediation Associates, Richard Cohen stated, "'Young people are so comfortable and spend so much time on the computer that maybe this is a world we need to acknowledge.’�? I believe that online peer mediation is a technology full of promise, because younger generations are very in-tune with technology and many come to school already comfortable with communicating online.
Although I have listed only two applications of online dispute resolution that are currently in use, there are a variety of ways that the internet could be used for dispute resolution in the classroom. One example would be when two teachers have a conflict. A neutral mediator can suggest resolving it online. There are a number of forums available to educators such as Moodle or TappedIn. In addition, using an instant messaging service or chat room would be sufficient. This would allow teachers to discuss freely without being directly confrontational with each other.
Another use of online dispute resolution could be used to settle disagreements between two or more students. For example, when working on a group project, a student may complain that her group is not pulling their weight. Getting the students to "discuss" the situation online relieves the teacher of the constant bickering that would occur face-to-face. It would allow each student to describe his/her opinion of the situation without feeling threatened by his/her peers. Each of these mediation sessions could occur synchronously, with everyone online at the same time, or asynchronously, where each person is able to access the discussion at his or her convenience.
Evidence of effectiveness
Currently, the area of online dispute resolution is ripe with opportunities for research. At this point, there is very little to no research or evidence of the effectiveness of online dispute resolution.
Critics and their rationale
One of the most significant critics is Professor Lawrence Susskind, head of the Environmental Policy Group in the School of Architecture and Planning at MIT. He is one of the country's most experienced public and environmental dispute mediators and a leading figure in the dispute resolution field. He claims, "There is no substitute for face-to-face interaction." Although we have advanced technologically by using the internet, there are too many non-verbal cues that are important in our being understood accurately. There is too much room for misunderstanding. "Dispute resolution and consensus building require the immediacy of face-to-face dialogue, and the trade-off is not worth it." (http://www.cbuilding.org/publications/cbireports/index.html) Roger Cohen, according to the Curriculum Review (2005) article, is not against online dispute resolution, but he argues that “'the true meaning of messages can be tricky to decipher.’�? See also the Wikipedia site on body language:Wikipedia.
Another negative consequence of online dispute resolution is the potential for privacy violations, according to the article in Curriculum Review (2005). Some worry that email messages may be accidentally forwarded or that peer mediators will not keep all student issues confidential. Also, with the use of technology comes the possibility for tapping into conversations and a host of other confidentiality issues.
Alternative explanations due to Diversity considerations
Socioeconomic status could cause complications with online dispute resolution. If one or more parties does not have computer access, it is impossible to resolve anything online. It is also possible that if all parties involved do not speak the same language, complications could arise as a result of the lack of an available translator or incorrect translations. Another potential problem may arise due to cultural differences between groups of people. For example, some people type using everyday language, which may seem inappropriate to others who prefer more formal language usage. This may cause disturbances between the two parties.
Signed �?life experiences�?, testimonies and stories
The University of Illinois offers an online graduate program entitled CTER: Curriculum, Technology, and Education Reform. In one of the required courses, Learning, Instruction and Classroom Management, a role play activity was assigned in which online mediation occurred.
submitted by C. Cheifetz Students were assigned roles as mediators or disputants. Mediation could take place synchronously or asynchronously. As a student, I enjoyed using the sychronous mediation sessions where a problem was "solved" in a chat room type setting. This was a very unintimidating form of confronting another person about an issue that could have been very awkward in a face to face setting. The importance of the mediator cannot be stressed either, as this person kept everything in perspective. The mediator viewed both sides of the arguement and suggested ideas, but never forced any upon the participants. Eventually, a resolution was discussed and applied to the situation. In addition, this process may not have saved time, but really encouraged each disputant to have his or her issues addressed in a fair manner.
submitted by C. Watson I am also a student of the Learning, Instruction, and Classroom Management course and participated in the online mediation. I agree with Cheifets that the synchronous chat style mediation was very effective. The environment, because it was not face to face, allowed all parties to feel equal. The asynchronous style mediation was not very effective. With this method, the mediator began the on going session in a room where all the disputants had access and each responded in turn when instructed to do so by the mediator. The problem with this method, was the long drawnout process. Not everyone was able to log in daily to check and see if it was their turn to talk. The asynchronous situation I am involved in has taken longer than a month and we are not done yet. This would be a serious problem if the issue was a serious (real) situation.
submitted by K.Darche I, along with my fellow students, am a member of the CTER course which allowed us to role play in an online conflict. We participated in two types of online resolution, one was synchronous and the other was asynchronous. I agree that the synchronous chats are much more effective than the asynchronous, but I also feel that online resolution can be very dangerous. When a resolution happens in the principal’s office, it is obvious that no one is there. However, when this is attempted online, the conversations can be cached and shared with other teachers. Even if it is agreed that that will never happen, it is still a real possibility. That worries me because it can snowball into other conflicts.
References and other links of interest
References:
Curriculum Review. Volume 44, Number 8 0 p. [COLLECTED WORKS - Serials. JOURNAL ARTICLES] Curriculum Review. v44 n8 Apr 2005. Accessed through: Academic Search Elite on January 8, 2006.
Susskind, Lawrence. "Five Surprising Lessons". The Consensus Building Institute, Inc. http://www.cbuilding.org/publications/cbireports/index.html 2003-04.
Links of Interest:
http://www.odr.info/ Website of the University of Massachusetts and Center for Information Technology and Dispute Resolution. The website contains information on online dispute resolution as well as links to other ODR websites.
http://www.onlineresolution.com/ Website about online dispute resolution that contains information on a commercial resolution opportunity.
http://en.wikipedia.org/wiki/Online_Dispute_Resolution Wikipedia site on Online Dispute Resolution
