Francisco Carneiro Pacheco Andrade

Using Case-Based Reasoning and Principled Negotiation to provide decision support for dispute resolution

The growing use of Information Technology in the commercial arena leads to an urgent need to find alternatives to traditional dispute resolution. New tools from fields such as artificial intelligence (AI) should be considered in the process of developing novel online dispute resolution (ODR) platforms, in order to make the ligation process simpler, faster and conform with the new virtual environments. In this work, we describe UMCourt, a project built around two sub-fields of AI research: Multi-agent Systems and Case-Based Reasoning, aimed at fostering the development of tools for ODR. This is then used to accomplish several objectives, from suggesting solutions to new disputes based on the observation of past similar disputes, to the improvement of the negotiation and mediation processes that may follow. The main objective of this work is to develop autonomous tools that can increase the effectiveness of the dispute resolution processes, namely by increasing the amount of meaningful information that is available for the parties.

Contracting agents: legal personality and representation

The combined use of computers and telecommunications and the latest evolution in the field of Artificial Intelligence brought along new ways of contracting and of expressing will and declarations. The question is, how far we can go in considering computer intelligence and autonomy, how can we legally deal with a new form of electronic behaviour capable of autonomous action? In the field of contracting, through Intelligent Electronic Agents, there is an imperious need of analysing the question of expression of consent, and two main possibilities have been proposed: considering electronic devices as mere machines or tools, or considering electronic devices as legal persons. Another possibility that has been frequently mentioned consists in the application of the rules of agency to electronic transactions. Meanwhile, the question remains: would it possible, under a Civil Law framework, to apply the notions of “legal personhood” and “representation” to electronic agents? It is obvious that existing legal norms are not fit for such an endeavouring challenge. Yet, the virtual world exists and it requires a new but realistic legal approach on software agents, in order to enhance the use of electronic commerce in a global world.

Legal Security and Credibility in Agent Based Virtual Enterprises

Recent trends in the field of Artificial Intelligence, brought along new ways of formalizing and expressing wills and declarations. Its application to Virtual Enterprises requires an analysis of the interactions among agents, frameworks and users, as well as technical and legal analysis, in order to discover the rules to be applied, to solve a particular problem under a prospective scenario. Credibility, trust and security issues must be taken under consideration, especially concerning authenticity, confidentiality, integrity and non-repudiation. In order to increase the use of agents in Virtual Enterprises, besides the analysis and research of legal solutions in the commercial arena, it is essential to assure that agents will meet requirements of credibility and trust, insuring a transparent and secure way for their commercial acting, now capable of generating legal relations. This paper shows how to construct a dynamic virtual world of complex and interacting entities or agents, in which fitness is judged by a quality of information criterion.

The Legal Precedent in Online Dispute Resolution

The advances observed in the last years in telecommunication technologies rapidly brought along new ways of doing business. This new reality, however, has not been so rapidly followed by the entities responsible for dealing with the conflicts that arise from these interactions, now undertaken in an electronic format. Traditional paper-based courts, designed for the industrial era, are now outdated. The answer to this problem may rely on the new tools that can be built using new artifacts from fields such as Artificial Intelligence. Using these tools the parties can simulate outcomes, thus having a better notion of the possible consequences of a legal dispute, namely in terms of the Best and Worst Alternative to Negotiated Agreements. In this paper, we present our agent-based architecture for such a tool, UMCourt, placing special emphasis on a particular agent that, based on the concept of legal precedent, gives its users a set of possible outcomes of a case, based on the observation of past similar cases and learns new cases in order to enrich its knowledge base about the Portuguese labor law.

Online dispute resolution: an artificial intelligence perspective

Litigation in court is still the main dispute resolution mode. However, given the amount and characteristics of the new disputes, mostly arising out of electronic contracting, courts are becoming slower and outdated. Online Dispute Resolution (ODR) recently emerged as a set of tools and techniques, supported by technology, aimed at facilitating conflict resolution. In this paper we present a critical evaluation on the use of Artificial Intelligence (AI) based techniques in ODR. In order to fulfill this goal, we analyze a set of commercial providers (in this case twenty four) and some research projects (in this circumstance six). Supported by the results so far achieved, a new approach to deal with the problem of ODR is proposed, in which we take on some of the problems identified in the current state of the art in linking ODR and AI.

Using Case-Based Reasoning to Support Alternative Dispute Resolution

Recent trends in communication technologies led to a shift in the already traditional Alternative Dispute Resolution paradigm, giving birth to the Online Dispute Resolution one. In this new paradigm, technologies are used as a way to deliver better, faster and cheaper alternatives to litigation in court. However, the role of technology can be further enhanced with the integration of Artificial Intelligence techniques. In this paper we present UMCourt, a tool that merges concepts from the fields of Law and Artificial Intelligence. The system keeps the parties informed about the possible consequences of their litigation if their problems are to be settled in court. Moreover, it makes use of a Case-based Reasoning algorithm that searches for solutions for the litigation considering past known similar cases, as a way to enhance the negotiation process. When parties have access to all this information and are aware of the consequences of their choices, they can take better decisions that encompass all the important aspects of a litigation process.

Automatic classification of personal conflict styles in conflict resolution

Carneiro D., Gomes M., Novais P., Andrade F., Neves J. Automatic Classification of Personal Conflict Styles in Conflict Resolution. In Legal Knowledge and Information Systems - JURIX 2011: The Twenty-Fourth Annual Conference, Katie M. Atkinson (Ed), IOS Press - Frontiers in Artificial Intelligence and Applications, Vol. 235, ISBN 978-1-60750-980-6, pp 43-52, 2011.

Using BATNAs and WATNAs in online dispute resolution

When contracting through software agents, disputes will inevitably arise. Thus there is an urgent need to find alternatives to litigation for resolving conflicts. Methods of Online Dispute Resolution (ODR) need to be considered to resolve such disputes. Having agents understanding what the dispute is about, managing all interaction between the parties and even formulating proposed solutions is an important innovation. Hence it is of the utmost relevance that the agents may be able to recognise and evaluate the facts, the position of the parties and understand all the relevant data. In many circumstances, risk management and avoidance will be a crucial point to be considered. In this sense we analyze the usefulness of a parallel concept to BATNA - Best Alternative to Negotiated Agreement, that of a WATNA - Worst Alternative to Negotiated Agreement, allowing the software agents to consider the space between BATNA and WATNA as a useful element to be taken into account when making or accepting a proposal. These software agents embodied with intelligent techniques are integrated in an architecture designed to provide support to the ODR in a system we have developed for the resolution of labour disputes - UMCourt. In this context software agents are used to compute and provide the parties with the best and worst alternative to a negotiated agreement.

Software agents as legal persons

The Law has long been recognizing that, besides natural persons, other entities socially engaged must also be subject of rights and obligations. Western laws usually recognize Corporate Bodies as having legal personality and capacity for every right and obligation needed or convenient to the prosecution of its social goals. But can we foresee a similar attribution of such a regime to software agents? In other words, are intelligent software agents capable of being personified? One of the main characteristics of a personality is the existence of a physical being or organization provided with its own will. In that sense, intelligent software agents are quite close to human beings. Indeed, they have a physical existence, and they have the capability of learning and of having a will of their own.

Retrieving information in online dispute resolution platforms: a hybrid method

Information Retrieval is a theme that is so multifaceted as it is its significance to any knowledge-based sphere of influence. This is true in The Law, especially when we judge under the angle of the so-called On-line Dispute Resolution. Indeed, there is the need to analyze and develop efficient information retrieval methods that may improve the course of actions that depend on such techniques. It was under this line of thought that we look at two different methods for information retrieval, and then strengthen its advantages into a third one. The results of this effort are now being applied in UMCourt, an Online Dispute Resolution platform that helps disputant parties and software agents to interact and make their decisions.