Dispute Resolution with Arguments over Milestones: Changing the Representation to Facilitate Changing the Focus
نویسندگان
چکیده
We propose improving the language of dispute resolution (whether online, ODR, or alternative, ADR) by importing a new representation that was designed for use in hybrid analyses that combine decision, risk, and constructive argument. This representation was designed to push back against short horizons and narrow focus, by making the proposed plan, or trajectory, diachronically explicit, dynamically extensible, and potentially qualitative. Probability is used in a novel way, to guarantee transition from one milestone to the next, rather than to discount utility valuation. Arguments more easily occur over joint problem solving to provide stronger guarantees, to meet a case-based fiduciary standard of admissibility. Parties may still revise or reject proposals according to their own lights, but the language of the proposal, and the focus of the process, are altered to facilitate adversarial argument in the production of joint problem solving.
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تاریخ انتشار 2017