Dealing with Miscommunication, Distrust, and Emotions in Online Dispute Resolution

TISCO Working Paper Series on Access to Justice, Dispute Resolution & Conflict System Design No. 004/2010

Tilburg Law School Research Paper No. 016/2010

41 Pages Posted: 7 Jul 2010 Last revised: 22 Jun 2014

See all articles by Jelle van Veenen

Jelle van Veenen

Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO)

Date Written: July 6, 2010

Abstract

Online dispute resolution applications can support and improve communication processes. The aim of this research is to develop methods for dealing with three key issues in communication: miscommunication, distrust, and negative emotions. Miscommunication can lead to misunderstanding. By supporting both composition and interpretation of messages, the risk of miscommunication can be reduced. Distrust can affect the will to cooperate and negative expectations can result in miscommunication. Online dispute resolution applications can decrease distrust by promoting an open dialogue on interests that both disputants have in resolving the issues. Distrust can further be reduced by helping the parties to develop realistic alternatives. Negative emotions can derail a dispute resolution process. By facilitating a process where emotions are explored and expressed, online dispute resolution applications can provide methods for dealing with emotions effectively. Examples from three applications demonstrate that the methods can be of use in practice.

Keywords: Online Dispute Resolution, Negotiation, Online Communication, Access to Justice

Suggested Citation

van Veenen, Jelle, Dealing with Miscommunication, Distrust, and Emotions in Online Dispute Resolution (July 6, 2010). TISCO Working Paper Series on Access to Justice, Dispute Resolution & Conflict System Design No. 004/2010, Tilburg Law School Research Paper No. 016/2010, Available at SSRN: https://ssrn.com/abstract=1626212 or http://dx.doi.org/10.2139/ssrn.1626212

Jelle Van Veenen (Contact Author)

Tilburg Institute for Interdisciplinary Studies of Civil Law and Conflict Resolution Systems (TISCO) ( email )

Warandelaan 2
P.O. Box 90153
Tilburg, 5000 LE
Netherlands

HOME PAGE: http://jellevanveenen.nl

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