1. Teaching ODR Online and Offline David Allen Larson, Professor of Law Senior Fellow, Dispute Resolution Institute Hamline Univ. Sch. of Law Saint Paul, Minnesota © David Allen Larson 1

2. 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

3. Teach ADR or Technology? 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 3

4. How should we spend our minutes? 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 4

5. Significant Focus on Technology 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 5

6. Any foundation? 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) (4 th party & Convenience, Trust and Expertise triangle) Numerous recent articles © David Allen Larson 6

7. Try technologies in different contexts Fall 2013 – one week e-mail negotiation, students at Hamline Univ., Cornell Univ. and U. of Connecticut U. of Hong Kong multi-issue negotiation 1 st text message, then email, then Skype Compare and critique technologies How best use the technologies © David Allen Larson 7

8. Intentional Limited Introduction to ADR Theory 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 8

9. Be Creative Binaural beats induce brainwave frequencies that encourage sleeping, relaxation, concentration, better memory, better learning, & other effects Beta waves (14 Hz to 30 Hz) - concentration, arousal, alertness, & cognition. 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 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 © David Allen Larson 9

10. Forward Looking Topics “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 10

11. **Spend Much Time Discussing Artificial Intelligence? 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 11

12. BRETT 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-the- robot-learns-to-do-new-things-just-like-a-kid-does/ http://www.forbes.com/sites/bridaineparnell/2015/05/26/brett-the- robot-learns-to-do-new-things-just-like-a-kid-does/ © David Allen Larson 12

13. **Does the Platform Affect How We Teach? 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 13

14. Prefer? Ad hoc or Concord Flexibility – own fault? Blackboard is promising © David Allen Larson 14

15. Cyber Skills and Dispute Resolution 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 15

16. Student Led Divide class into groups that constantly change Student groups summarize and critique the readings each week 30 minutes © David Allen Larson 16

17. Demonstrate Geography is No Barrier 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 17

18. Artificial Intelligence and Emerging Technology 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 18

19. Student Presentations and Papers 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 19

20. Student Presentations and Papers 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 20

21. Certificate in International Business Negotiation (CIBN) 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 21

22. Negotiation 2.0 “Re-imagine” the negotiator – relational/co- creation 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 22

23. CIBN 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 23

24. CIBN – in residence 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 24

25. CIBN – Distance Learning 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 25

26. CIBN – Distance Learning 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 26

27. CIBN – Distance Learning 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 27

28. CIBN – Distance Learning © David Allen Larson 28 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.

29. 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 29