Professor John Zeleznikow of Victoria University has published The Need to Incorporate Justice into Negotiation Support Systems, in Business Information Systems Workshops: BIS 2009 International Workshops, Poznan, Poland, April 27-29, 2009, Revised Papers (2009).
The paper was originally presented at LIT 2009: The 2nd Workshop on Legal Informatics and Legal Information Technology, held 28 April 2009 in Poznan, Poland.
Here is the abstract of the paper:
Over the past twenty five years there has been a movement towards resolving legal disputes through mediation and negotiation rather than litigation. Perceived benefits of this move towards Alternative Dispute Resolution include disputants having more control of the dispute and potential solutions, reduced costs and speedier decision making. If Alternative Dispute Resolution becomes the norm for resolving legal disputes, then we must ensure that the negotiation support systems that we develop utilize legally fair paradigms. But how can we develop measures, or at the very least principles, for the development of legally just? Through an examination of bargaining in the shadow of the law and principled negotiation we suggest principles which when applied, will encourage fairness and justice in the development of negotiation support systems. Such principles include transparency, bargaining in the shadow of the law and the need for discovery. We also illustrate the pitfalls of using such principles.