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

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