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2021 | Buch

Online Family Dispute Resolution

Evidence for Creating the Ideal People and Technology Interface

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Über dieses Buch

This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia’s OFDR system is that it deals with children’s issues rather than focusing on property distribution.

The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required – for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.

Inhaltsverzeichnis

Frontmatter
Chapter 1. The Evolution of Family Dispute Resolution and the Need for Online Family Dispute Resolution in Australia
Abstract
Although dispute resolution has a long and rich documented history, the growth of out-of-court settlements and alternative dispute resolution (ADR) processes in Australia has been a recent development with family dispute resolution (FDR) services younger still. This chapter overviews the history of FDR in Australia to contextualise the development of online family dispute resolution (OFDR). As an extension to the already accessible Telephone Family Dispute Resolution service, OFDR offers the added value of multi-media engagement and innovative online tools to assist in easing the process of mediation for all stakeholders. From the introduction of the Family Law Act in Australia in 1975 to the 2006 Reforms, informal dispute processes are becoming recognised as fertile ground to deliver services via the use of advanced technologies. This chapter presents evidence as to the value of ADR in family law to mitigate issues concerning increased service demand, strained court resources, and the avoidance of emotionally taxing adversarial approaches. History shows a trend toward making services more efficient and effective, resulting in a natural progression to ODFR. Australia is currently at the forefront of OFDR advancement to accommodate their diverse and dispersed population.
Elisabeth Wilson-Evered, John Zeleznikow
Chapter 2. Artificial Intelligence and Online Family Dispute Resolution
Abstract
The integration of technology with dispute resolution practices follows the identification of a range of value-added benefits in both formal and informal legal proceedings. In recent years, there has been a movement towards investigating how artificial intelligence (AI) can enhance the functioning of online family dispute resolution (OFDR) systems after successful application to other types of disputes. This chapter provides an overview of the development of AI in disputes in order to understand current progress within family law. Several existing negotiation support systems for use in Australian family contexts are described, including Split-Up, Family_Winner, and Asset-Divider, the latter of which incorporates principles of justice in a game theory framework. Negotiation support systems facilitate informed decision-making through performance improvement via machine learning while the integration of game theory assists in the distribution of resources to ensure the best outcome. As online dispute resolution begins to gain public and private traction culminating in the normalisation and institutionalisation of services, it becomes important to carefully consider issues of justice, regulation, and quality assurance.
Elisabeth Wilson-Evered, John Zeleznikow
Chapter 3. Current Research and Practice in Online Family Dispute Resolution
Abstract
The growth of Online Family Dispute Resolution (OFDR) means that consumers are now presented with a range of options on the market to suit their needs. With the intention of these services to optimise effectiveness and efficiency for their users, it is paramount that robust evidence be demonstrated for their quality to support their preferential use when compared to other forms of dispute resolution service delivery. The literature review presented in this chapter was conducted to scope the current research and practice evidence for online dispute resolution in family law as relating to child custody issues. The use of OFDR services in both Australian and international contexts was investigated across a range of electronic sources since 2011. Of those programs located by the review, it was evident that while more methodologically rigorous research is required, preliminary evidence shows support for OFDR effectiveness in reaching desirable and fair outcomes. The considerations for selecting technologically-enhanced services are discussed, as are the avenues for future research and directions to further develop OFDR as a viable option for informal conflict resolution. This chapter demonstrates how knowing the literature helps to inform future OFDR development and enhance service delivery.
Elisabeth Wilson-Evered, John Zeleznikow
Chapter 4. Case Study: The Development and Evaluation of Relationship Australia Queensland’s Online Family Dispute Resolution System
Abstract
The previous chapter emphasised the need for more methodologically rigorous evidence in online family dispute resolution (OFDR) if these technologically-enhanced services are to be useful and enduring. The contribution of Australia to furthering OFDR knowledge and practice worldwide is exemplified by an innovative pilot project conducted by Relationships Australia Queensland in 2009. Both the development of the software and its subsequent evaluation were evidence-based and intended to adhere to best practice through the adoption of an iterative design that incorporated ongoing quantitative and qualitative data from all stakeholders to optimise system functioning and utility. This chapter summarises processes, findings, and recommendations of this pilot across the four stages of the program design: registration, intake, pre-FDR education, and OFDR. Clients and staff reported largely positive attitudes towards OFDR, with need to appreciate the learning curve involved in navigating the system and how the technology qualitatively changes the mediation process. This pilot sets the standard for the development and evaluation of OFDR services in Australia and worldwide by subjecting the service to extensive systematic testing and evaluation to promote continuous learning and improvement.
Elisabeth Wilson-Evered, John Zeleznikow
Chapter 5. Engaging Indigenous Peoples in Technology Supported Human Service Offerings
Abstract
Loss of historical artefacts arising from colonisation and past social policy continue to cause disadvantage and distress for indigenous peoples all over the world and particularly so in Australia. Social efforts to improve community and family outcomes show little progress despite investment. The provision of culturally appropriate, high quality services could be enhanced through the use of technology, particularly in remote areas. One such application is the development of online options for family dispute resolution services. This study forms part of one example of community collaboration to ensure high quality, culturally appropriate services are available to some of the most disadvantaged groups in Australia. Using an organisational development approach via participatory action research, this chapter details an exercise in community engagement in planning for roll out of services. Data included both focus groups and researcher reflections which were pooled and analysed leading to the development of key themes. Participating communities appear ready and enthused by the concept of online service delivery; however, were wary of service provision that was not tailored to their needs or culturally insensitive. With ongoing modification and consultation with community reference groups, the service could be contextualised and adapted to better suit local needs.
Elisabeth Wilson-Evered, John Zeleznikow
Chapter 6. Concluding Thoughts
Abstract
This book has presented the case for the value of integrating technologies into the family law arena particularly within Australian contexts but with clear implications for family dispute resolution (FDR) services worldwide. Online dispute resolution (ODR) has already experienced success across a wide range of other conflicts, with preliminary evidence in the growing field of online family dispute resolution (OFDR) showing favourable outcomes for separating parents. The research presented in this book supports arguments that OFDR increases access to quality FDR services which in turn facilitates child-centered decision-making. This chapter will summarise the lessons learned to-date to inform recommendations for future OFDR program design and improvement. Both ODR and OFDR are relatively young developments in Australia, so the potential of these advanced technologies and their capabilities is yet unknown. Continued rigorous research into existing and future OFDR programs will further improve the field and the outcomes for families, an endeavour that will take the collaboration of many different stakeholders and a commitment to ongoing learning and future-focused change.
Elisabeth Wilson-Evered, John Zeleznikow
Backmatter
Metadaten
Titel
Online Family Dispute Resolution
verfasst von
Prof. Elisabeth Wilson-Evered
Prof. John Zeleznikow
Copyright-Jahr
2021
Electronic ISBN
978-3-030-64645-5
Print ISBN
978-3-030-64644-8
DOI
https://doi.org/10.1007/978-3-030-64645-5