CN1352777A - System and method for providing complete non-judical dispute resolution management and operation - Google Patents

System and method for providing complete non-judical dispute resolution management and operation Download PDF

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Publication number
CN1352777A
CN1352777A CN 00807332 CN00807332A CN1352777A CN 1352777 A CN1352777 A CN 1352777A CN 00807332 CN00807332 CN 00807332 CN 00807332 A CN00807332 A CN 00807332A CN 1352777 A CN1352777 A CN 1352777A
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dispute
data
resolution
described method
user
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罗伊·伊斯雷尔
威廉·F·施佩希特
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KOLIKENSAT DAKANG CO
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KOLIKENSAT DAKANG CO
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Abstract

A system (1) and method for providing complete non-judicial dispute resolution management and operation. The system includes an electronic architecture (3) which receives, sorts, and stores data related to non-judicial dispute resolution. The architecture enables implementation and management between two or more adverse parties (UT1, ..., UTn) to a dispute. The system is accessible electronically by wired and/or wireless communication. The architecture includes a management module configured to receive, sort and store dispute resolution data to provide an internal continuous compilation of such data and new data generated during the resolution procedures. The architecture also includes a reckoning module connected to the management module for receipt of dispute resolution data. The reckoning module is designed to implement a selected resolution procedure and to transmit to the management new data generated during the resolution procedure.

Description

Be used to provide the system and method for complete non-judical dispute resolution management and operation
Background of invention
The resolution that the present invention relates to dispute on relates in particular to the management and the procedural system that are used for complete non-judical dispute resolution.
The application has stated the right of priority of following six provisional application: the application number of submitting on May 11st, 1999 is 60/133,441 U. S. application; The application number of submitting on June 29th, 1999 is 60/141,650 U. S. application; The application number of submitting on July 22nd, 1999 is 60/145,158 U. S. application; The application number of submitting on August 2nd, 1999 is 60/146,677 U. S. application; The application number of submitting on September 27th, 1999 is 60/156,169 U. S. application; The application number of submitting on January 20th, 2000 is 60/177,133 U. S. application.These provisional application of formerly submitting to are incorporated in herein as a reference.
The each side that is absorbed in legal disputes can adopt a lot of traditional methods to attempt to solve this dispute, or solves this case.These methods comprise, for example, use system of public court (comprising microclaims court), or non-judical dispute resolution.Yet as if in recent years, the public has reduced the confidence of system of this court.And, the length very that also becomes of required time of dispute resolution.At last, perhaps be most important, the expense relevant with lawsuit is also very high, and the dissuasion plaintiff does not seek compensation in many cases.Therefore, contesting party and law group are devoted to seek a kind of ratio always and solve dispute by court's " better approach ".
In the computerized epoch, law group attempts and will represent the plaintiff to handle the process lineization of dispute.For example, people such as Wamsley are the technology that discloses a kind of computerize ground management plaintiff personal injury case in 5,956,687 the file at U.S. Patent number.This technology comprises that setting up the reflection personal injury claims damages the file in each stage, and these stages comprise pre-negotiation phase, writes the technology of requirement letter and conciliates the amount of money based on handle the information calculations of collecting in the process record in claim.Yet people's such as Wamsley " personal injury claim administration system " do not propose a kind of architecture that is used to move and manage the claim that the non-administration of justice handled, and therefore, ability is not handled a large amount of dispute that is occurred in our society.(according to the meaning of the context of the invention, " the non-administration of justice " is though be meant and taking place outside the system of court and/or handling---in the time of some of dispute, may relate to court, for example, sign documents command execution etc.)
In recent years, the trial of evading justice system has caused need not going court just can solve the system and the tissue of case.As a part of carrying out the process of conciliating, each side need have the ability of mediation of disputes, normally the third party is appointed as the peace-maker.Reconcile and allow each side's stating events even (by also maintaining secrecy known to the peace-maker) proposition solution in suitable.
Another method of dispute resolution outside court is arbitration.Arbitration can be carried out by the simple arbitrate people or the panel of arbitrators.Some complexity of process of arbitration depends on the favorable rules of arbitration of each side.It is the scheme that participates in or participate in depending on to a great extent contesting party's selection by the peace-maker by arbitrator (or panel of arbitrators).Usually, the loose scope of these uncertain possibilities can be called as selectivity dispute resolution (ADR).
As the part of ADR, or its accessory constituent, contesting party participates in dark bidding plans one after another, that is to say that contesting party submits bid under the situation that its other party is not known.Assess these bids from the angle of resolving a dispute.If these are submitted a tender enough approaching or meet prearranged relation, dispute just can have been solved.If not so, the bid that can add.Reception of submitting a tender and assessment can be by judges, the peace-maker, and arbitrator or employing electronics mode are carried out.For example, Micali has described a kind ofly when submitting a tender from least two sides that are in the preset relation in 5,7615,269 the file, be used to solve the electronic communication method of transaction.Similarly, a tame online solution to disputes company, CyberSettle.Com company, a website is provided, can receive three bids of each side, relatively these bids and determine them whether in the scope that is agreed, report solution or cause the bid of " final opportunity ".
In anything part, even the use of a large amount of non-judical dispute resolution technology arrays also is burdensome and do not calculate, especially from such as the representative side or handle many (or variation) insurance companies of dispute in many ways and/or the viewpoint of claims board and/or law office be it seems.Non-judical dispute resolution comprises many possible procedural schemes, cause with as preceding cited traditional jurisdictional agency mechanism in the standard claim handle complicated inadequately.Therefore, be starved of a kind of system that provides, can form and manage the complete array of non-judical dispute resolution technology simultaneously.
Summary of the invention
The present invention is a unique system that makes relative each side implement and manage the complete array of non-judical dispute resolution.The present invention includes a reception, the electron system structure of the data that classification and storage are relevant with non-judical dispute resolution.This architecture can be to the both sides of dispute or in many ways the gamut of non-judical dispute resolution process carry out and manage." gamut of non-judical dispute resolution process " comprises the tender type negotiation, reconciles and arbitration.
Native system can be by wired and/or wireless mode visit, and situation is by internet access preferably.In a particular embodiment, native system can be visited by being linked on the internet of providing in another organization web.When using radio communication to conduct interviews, can use any usable frequency in the electromagnetic spectrum, for example, radio frequency, microwave, UHF and other frequencies.
This architecture itself comprises an administration module, is used for reception, classifies and storage dispute resolution data, and provides an inner continuous assembly of the new data that produces in these data and the non-judical dispute resolution process.
This architecture also comprise one link to each other with administration module or electronic correlation (for example, comprise a computerized relation) administration module, be used for receiving dispute resolution data, and carry out selected resolution process, the new data that produces in the resolution process is sent in the administration module.
Native system can be accessed by the biographical data of at least one side's input of response.Biographical data comprises the individual's and/or tissue identifying information and/or one or more account number, the contents such as one or more in the username and password, and by system check.
In one embodiment, visit is to comprise that at least the manager of programming visits the hierarchical visit of visiting with program user.Manager of programming visit can comprise a plurality of selectable actions, for example, can be but is not limited to, add the user, revise already present user data, effective case is passed to another user by a user, excited users, revise account register information, it is disputable to browse institute, generates detailed Dispute Report, generate concise and to the point Dispute Report, browse dispute resolution case, other action and one or more the above motion combination of also having non-judical dispute resolution management person to use.The appropriate signals that administration module can the responder keeper be selected offers the manager of programming with related data.
Under the situation of program user visit, can use a plurality of options, for example, add dispute, dispute is browsed in the response dispute, generate Dispute Report, other options that the casemanager of generation Top Line Report and dispute is required and the one or more combination in these options.The option that can also comprise other, possibility are not limited by recited above those.The option that administration module response user selects offers program user with related data.
Another aspect of present architecture is the Admin Access, wherein allows desired keeper to select from a plurality of options.These options include, but not limited to notify the each side of the dispute of having submitted to system, the wherein response of system request each side, notify the user of settled dispute, dispute is designated effective status, generate preferential dispute tabulation, for system generates effectively report, paying information is provided, and for any or all account in the system generates Top Line Report, it is normal to guarantee system's operation to generate Audit Report, combination with the necessary selection of other managerial personnel and one or more above-mentioned selections.Administration module offers the program manager according to one or more selections that this class personnel make with related data.
Administration module of the present invention can also provide the operation that is used with non-judicial process support.For example, system can provide the report service in the program of the conciliation of using " report " such as need and mediation service.Can online or not call these report services online, these report services comprise shorthand service and other all types of electronic services, for example sound and image etc.
Among the present invention another one can with the operation support be translation or explain service.This support equally also can provide under online or not online situation, and available in all types of non-judicial processes in system.
Another operation support that provides in the administration module of the present invention is that structure solves a googol group of arranging.For example, but be not limited to, solve arrange to be configured to according to the time reimbursemen or subsidize (for example lending agency, procurator etc.) by the third party fully.And structure of the present invention solves feature can be before non-judicial resolution process, among and/or any time afterwards available.
This architecture also provides a kind of " only solving " visit for the user." only solve " visit makes the side of dispute can only be with the purpose access system of attempting to resolve a dispute by system, and does not allow its visit to the system management powers and functions.Yet all data of " only solving " user input are all passed through administration module, are used for the normal storage of data.Therefore, visit according to only solving of user, administration module offers computing module with related data.And system only is shown to related data and only solves calling party.
Architecture of the present invention also comprises a claim data storage and retrieval system, keeps the data relevant with non-judical dispute resolution and according to the classification retrieve data.Include, but not limited to the to dispute on description of character of classification in the searching system, conciliate the amount of money, trial ground, type of injury, the bodily injury position, sex, age, occupation, geodata, with the combination of one or more above-mentioned classifications be suitable for being stored in the data bank in the electronic system, such as the out of Memory in the computer system.Preferably the storage and retrieval system data should be maintained secrecy.
In case selected the pattern of non-judical dispute resolution, the selection that administration module responds a side or both sides offers computing module with related data.When the resolution process is a tender type when consulting, a side or both sides can select " the dark bid " or " public tender " type of consulting.
Brief introduction prompting person points out every side to select the dispute resolution procedure, is plaintiff or defendant to show it.Response side also needs the response prompting, provides information to show the brief introduction of response side.Based on each side is plaintiff or defendant, and each side claims (plaintiff) or proposes (defendant).
" requirement " of Shi Yonging herein, " proposal " and " bid " comprise that all can be interpreted as " compensation " and be enough to support to promise to undertake or the things of contract.Compensation is value in a sense, and for example, a side advantage is though it is very little; Or it is a side deficiency, though also very little.Compensation (thinking herein and " bid " that " requirement " and " proposal " is equivalent in meaning) can be but be not limited to, currency and non-monetary assets, and entitlement, individual rights, guardianship, obligation and number percent thereof, etc.
And preferably computing module provides one to be used for the preselected standard that relatively requires and propose whether can resolve a dispute with decision.If satisfied preselected standard, system sends to plaintiff and/or defendant with notice.
According to preselected standard, if the value that requires is less than or equal to the value of proposal, system can value as requested resolve a dispute, if or require not exceed a preselected number percent of proposal, can resolve a dispute with the mean value of proposing as requested.For example, preselected number percent can from about 5% to about 35%.
Native system also requires defendant to be provided for setting up the higher limit and the lower limit of resolution scope.In this case, when requiring between higher limit and lower limit, value is as requested resolved a dispute, and maybe when requiring to be equal to or less than lower limit, resolves a dispute according to the lower limit of resolution scope.In this case, lower limit is a fixed value and higher limit is a changing value.
Other non-judical dispute resolution program comprises online conciliation and arbitration and not online conciliation and arbitration.Online process is real-time, so each side can communicate by letter simultaneously with peace-maker or arbitrator.Online process is not limited to real-time scheme, also can allow the form by delayed response.This form includes, but not limited to the chatroom, bulletin board etc.Not online process can be " directly " or " non-direct ".The all material relevant with process noted earlier, for example evidence can carry out electronics by wired or wireless mode and transmit (each side can also pass through mail, and modes such as delivery service or express delivery are submitted material to).And all or part of of process can transmit by video mode.
When resolution procedure was carried out, computing module was sent to administration module with the new data that generates and is used for editor, classification and storage.When the non-judical dispute resolution program was conciliation, the administration module response was reconciled and is selected related data is offered the peace-maker.Conciliation can be that real-time online is reconciled, and wherein information (evidence or other) can be sent to by the mode of electronics and reconcile in the staff, for example if possible can be by fax, phone and computing machine (e-mail) etc.When conciliation when being not online, at least some necessary information can be by the online transmission of pattern recited above.
Similarly, when the non-judical dispute resolution program was arbitration, administration module response arbitration was selected related data is offered the arbitrator, or the panel of arbitrators.When arbitration is real-time online when arbitration, if possible, the mode that information (comprising evidence) can be by electronics is such as by phone, fax, video and transmit by computing machine (e-mail) etc.When arbitration when being not online, at least some information can be by the online transmission of mode of electronics.
What should give one's full attention to is that native system provides a kind of response one side or selection in many ways that current case is moved to the ability of different non-judical dispute resolution programs, and regardless of which selection makes earlier.For example, because the method for first selection is unsuccessful, just make the selection that moves to another resolution procedure.
Therefore, a side or can enter one in many ways may success will follow during tender type consults; Advance to and reconciled (online or not online); Or move to online or not online arbitration process.Whole procedure is seamlessly carried out, and that is to say does not need to add again the data that provided in the past.And, according to the order of each side, in each side when a resolution procedure enters another resolution procedure, information privacy that will be relevant with required value and bid amounts.Therefore, the casemanager can utilize the gamut of non-judical dispute resolution technology, and can be fully with selected each and all, distinct program is managed case.
Although can propose to be used for visit and use any fee structure of the present invention, propose a kind of fee structure in the preferred embodiment from financially impelling each side to resolve a dispute.The certain amount of money of each side's payment of this structural requirement is used to add resolution procedure.Therefore, the plaintiff is required to be and submits to each to require to pay, and defendant is required to be and submits to each to propose to pay.These expenses are according to the financial magnitude divided rank of dispute, for example, from " by the dog bite case " to the grievous injury case, even dead case.Can use multiple scheme, but this feature of the present invention is resolved and the resolution of punishment nothing from rewarding economically by fee structure.
The present invention also comprises the independently aspect of system, is used for management and carries out non-judical dispute resolution, for example is used for managing independently the system (system be the electron system structure that is used to manage non-judical dispute resolution on the other hand) of non-judical dispute resolution.And, the present invention includes the notion that keeps online real-time update database, be used to manage the non-judical dispute resolution that comprises administration module, administration module disposes as described above, for example receive, classification and storage dispute resolution data, but and provide the inside continuous assembly of the data of search records form.This administration module can respond the change of described data compilation and add to upgrade.
Others of the present invention also comprise the system that is used to manage non-judical dispute resolution, comprise the electrical interface that carries out the polytype visit between and electron system structure mentioned above.
The present invention also comprises by providing and keeping having between one and the electron system structure that describes in detail as mentioned the method that the electrical interface of polytype visit is managed non-judical dispute resolution.
The addressable architecture that is proposed above one by providing is provided in another aspect of method of the present invention, from a side or accept the resolution data in many ways, the storage data also point out each side to carry out the gamut of non-judical dispute resolution program as indicated above, manage non-judical.
The present invention also comprises the method for a management non-judical.By visiting an architecture that stores the non-judical dispute resolution data, the data that retrieval is relevant with dispute are investigated the storage data to determine whether need action, select a plurality of selectable options and action according to data.
As an achievement of the present invention, dispute person need not to enter the gamut that judicial process just can be called dispute resolution technology.This new innovation has many huge advantages.
For example, no longer need each side to use lawyer's service.Reduced widely and the relevant expense of resolving a dispute.And each side no longer keeps the lawyer in this case, can reduce the influence of individual factors such as at least two people's in dispute emotion and psychology, has therefore reduced the required time of resolving a dispute.
Another advantage of the present invention is to serve as the tissue of the responsibility of resolving a dispute such as insurance company, claims board, and law office can manage and carry out non-judical dispute resolution, and need not provide the complete scene of non-Disputed case management infrastructure to install.These infrastructure generally include the part register system of trying a case fully, electronics (for example computing machine) tracking and system for prompting etc.The present invention has also reduced the needs of the individual's contact between the pleader required when not using such non-judical dispute resolution system.
Another advantage of the present invention is to consult a large amount of cases at short notice energetically.In fact the present invention has eliminated retrieval and has examined the needs of independent case " copy " document.
Therefore, the applicant has described advantages more of the present invention, and other advantages of the present invention will be described hereinafter with in the accompanying drawing.Scope of the present invention proposes in following the book of detailed description.
Accompanying drawing is briefly described
These and other advantage and feature of the present invention will be described with reference to the accompanying drawing of certain preferred embodiment, and this accompanying drawing is used for explanation and is not used in restriction the present invention:
Fig. 1 is the block scheme of system of the present invention;
Fig. 2 is the block scheme of the architecture of system of the present invention;
Fig. 3 is the various management options that can use of user of the process flow diagram and the visit native system of the step of visit system of the present invention; And
Fig. 4 is the process flow diagram of the process in the system of the present invention that is added into relative data of will disputing on.
Detailed Description Of The Invention
The present invention makes the litigant can utilize complete system to be used for management and participates in non-judical dispute resolution.In a preferred embodiment, litigant even can under the condition of the non-administration of justice, improve its ability of successfully resolving a dispute by available solution to disputes information among visit the present invention.
The litigant of dispute can connect by the mode of electronics, for example by the website on the internet, visits system of the present invention.For the initialization system participant, the user (litigant) provide biography information, and system discerns the user according to classification, verification and it is recorded as the part of management function in due course, and be associated with this litigant's of sign personal code work in due course.System issues identifying information successively, for example, and coding of account, user name, password etc.
Though instruct herein, indication, prompting, results etc. make in English as tool of communications, and native system does not have linguistic restriction, applicable to various language or dialect.And, use dollar herein in the description of example, but the invention is not restricted to single currency, applicable to any currency.
As the litigant is such as company, law office, and one of municipality and individual when organizing, as the part of its management function, native system can provide the identification and the use of different brackets.
Therefore, a side of dispute input and the corresponding data of non-judical dispute resolution, system is with these data qualifications, and tissue and editor make the litigant can utilize the gamut of non-judical dispute resolution program.Native system also allows user group and the corresponding data of a plurality of dispute, and data are put into the form that the user selects, and generates report based on the one or more data in dispute in the input system, is in dispute sides these one or more users in dispute.In a preferred embodiment, native system allows contesting party to import effectively by the internet, classification, and the data that tissue and management are relevant with dispute, and resolve a dispute.
Dispute, according to the definition among the present invention, with two sides or the objection in many ways or other relative relations relevant.So point out in the place, and the litigant is divided into two big classes, submission side, i.e. and a side and a response side of proposition dispute, it is pointed promptly to dispute on, and is invited a side who participates in the non-judical dispute resolution program.Submission side or response can be to be plaintiff or defendant.
At management aspect of the present invention, submission side is with response side's access system and manage all data recording relevant with dispute, and wherein they are litiganies in dispute, and dispute can be settled or there is not solution.
Aspect operation of the present invention, the submission side of specific dispute and response side enter system's participation tender type negotiation for the consideration of the purpose of resolving a dispute.If bidding procedure is not resolved a dispute, the litigant will turn to other non-judical dispute resolution programs incessantly, for example, and online or not online conciliation, arbitration etc.Perhaps, if necessary, dispute one can be used tender type then to use other technologies with procedure initialization.These aspects of the present invention and other some aspects will hereafter be described in more detail.
Will be during the present invention is described hereinafter as a based on network internet system.Detailed description as mentioned below has been arranged, the present invention can be used for by change and use together with standard agreement (for example TCP/IP and HTTP) any internet that constitutes distributed network that links together, and this point is conspicuous for a person skilled in the art.Though this network typically refers to the internet, can consider the present invention is used for any change that the internet is done in the future, comprise the change and the interpolation of standard agreement.
Best, the user can visit native system by web browser, and as mentioned above, web browser is suitable for communicating with website and homepage, these websites and homepage support and be provided to the visit of the architecture of native system.Usually, user browser should be present in and has CPU, and display is in the user terminal of keyboard and mouse.User's indication network browser finds and shows the website of native system.When system server is accessed, show the website of native system.
Further, also can visit system of the present invention by " hot link " that provide on other organization webs.In this arrangement, the user who browses another organization web energetically can select " hot link " relevant with native system easily." hot link " that defines among the present invention can be embedded URL code or other prompting mode, by selecting, can find the particular webpage mutual with native system by consumer-oriented browser.When the website of another mechanism be engaged in be possible dispute on professional the time, for example, the website of merchandising or service, this " hot link " feature is particularly useful.The buyer, sellers and website entity itself wishes to provide visit to native system by " hot link ", with it as submission, the organization and management approach of related data of disputing on, and may realize the online solution of disputing on.With tissue, classification, the management powers and functions of the native system that editor's dispute related data is relevant are useful for website entity, are used for the dispute of following the tracks of and report that its web site activity occurs.Whether report and tissue to these data make the website can determine particular customer, have problems in dealer or its products ﹠ services.
After user capture and showing the website, if the user is the new user of system, they need register and obtain an account number, a user name and a password.In registration process, the request user imports relevant biography information, such as, name, address, telephone number, Email etc.Behind the log-on message submission system, system inspect information is also confirmed the legitimacy of input information.Examination to log-on data can be carried out by system self, or passes through the computer system of the independent placement of another special use, or is finished by the system personnel of a reality.Can use the registration of other form, include but not limited to conventional mail and Email, this point is appreciated by those skilled in the art.
When detecting illegal registration, for example, only to import owing to curious, log-on message will be deleted to save system resource from system.Have only after the information submission system is by verification, this user's username and password is activated, and this user just can visit native system.
If the user has had username and password, they can login.The user who attempts to login need fill in legal users name and password.Behind input legal users name and password, the user just can the access system management and dispute resolved powers and functions.
Referring now to Fig. 1,, Figure 1 shows that an embodiment of system of the present invention.Native system, as shown in Figure 1, can be by one or more user terminal access (UT 1, UT 2, UT 3..., UT n).User terminal can directly link to each other with system, or preferably links to each other with system by internet 2.Best, the invention belongs to stage in present technique field, high-performance computer is connected with the internet by the high speed connecting line.Yet, also can consider by other electronics or wireless mode visit native system, for example, radio frequency, microwave, other frequency of selecting in UHF and the electromagnetic spectrum.
Comprise an electron system structure 3 in the system of the present invention, preferably computer based is used for carrying out non-judical dispute resolution and transmitting dispute resolution data in any non-judical dispute resolution program management data relevant with non-judical dispute resolution.This architecture 3 allows contesting party by system's input data relevant with dispute, tissue, editor and storage data, data query, carry out Data Update with the additional data that in resolution procedure, generates, and generate the detailed report of any or all case that the litigant asked.
Administration module
As shown in Figure 2, architecture 3 of the present invention comprises an administration module 5, is used for receiving classification, resolve a data and inner continuous assembly of these data is provided that can store disputes on with retrieving.As the response that receives data, according to inquiring about, classify by the form identification that can retrieve and can transmit with data for administration module, editor, tissue and storage.As the response that receives inquiry, administration module 5 is the result retrieval of inquiry, classifies and sends the requestor of data to.
In addition, administration module 5 can be with the variation of dispute state, the input of the additional data relevant with dispute, the result of the data query of preserving in the administration module, or other each side any and information notice dispute of disputing on relevant, the resolution data of maybe will disputing on send suitable mechanism to and are used for reconciling or arbitrating.
Administration module 5 is by appropriate signals transmission notice/information, and proper signal is the reception of the new dispute of response, the reception of disputable new data, and inquiry, or the request that the data transmission is used to mediate or arbitrate produces.Best, administration module 5 comprises that by transmission the Email of relevant information and the relevant party of dispute communicate as shown in Figure 2.Yet, should consider to transmit suitable notice/information, for example by fax or conventional mail by the channel outside the Email 8.
For example, in the context of the preferred embodiment of the present invention, dispute is denoted as INACTIVE when entering system in the acquiescence mode, if dispute is submitted to by defendant, the dispute state is defaulted as OPEN, shows that the prosecution witness does not claim.If dispute is submitted to by the plaintiff, the dispute state is defaulted as NO OFFER, shows that defendant does not propose to propose.
Further, when successfully retrieving dispute, dispute is designated as ACTIVE, and the state of dispute becomes OPEN from NO OFFER, tells the user to add in dispute and requires or proposal.
For provide to the user system nearest with relevant information, the dispute state can be changed into and contacts, the initial proposal, initial requirement, the new proposal, requirement at last and some other title are proposed in new demand at last.
Native system can utilize secondary dispute state code that the details of higher level are provided for the user.Can use following secondary dispute state code: the fax mail, message will participate in, and wait for ratification, manual affirmation, no internet is directly consulted, failure was consulted in the restriction of searching policy in the past, was about to trial, litigant's refusal, conciliation is appointed as in litigant's cheating, be appointed as arbitration, arrive restriction, the dispute change, solve by the litigant, solve by arbitration, or any other suitable identification term.When secondary dispute code changes, notice contesting party.
Owing to can use the firsts and seconds dispute state code data qualification of will dispute on, use the firsts and seconds state code of disputing on to make system user more effectively obtain detailed report information.
Administration module of the present invention also provides employed operation support 7 in the non-judicial process.For example, system can provide the report service in the process of the conciliation of using " report " such as need and mediation service.Can online or not call these report services online, these report services comprise shorthand service and other all types of electronic services, for example sound and image etc.
Among the present invention another one can with the operation support be translation or explain service.This support also can be online or not be provided online, and available in all types of non-judicial process in native system.
Another operation support that provides in the administration module of the present invention is that structure solves a googol group of arranging.For example, but be not limited to, solve arrange and to be configured to according to the time reimbursemen or to subsidize (for example lending agency, procurator etc.) by the third party fully.And structure of the present invention solves feature can be between non-judicial resolution process, among or any time afterwards available.
In order to use required operation support, the user selects required suitable support when the access system administration module.
The continuous assembly that 5 pairs of data of administration module have been arranged, but tissue and retrieve stored, the user just can visit native system like a cork and manage all data relevant with dispute, and promotion in an organized way transmits data and is used for reconciling or arbitration, or the actual non-judical dispute resolution of carrying out.
Native system has many access types.Best, the visit of system be should be comprise that at least the manager of programming visits the hierarchical visit with the program user visit.Hereinafter will discuss the authority of each access type in more detail.
Should be noted that usually manager of programming and program user are with same account access system.Usually, the manager of programming is a company, law office, the individuality of the responsible maintenance native system account in the municipality etc. (can refer to, comprise the individual, be " account " at this), for example office management person or infosystem personnel.Program user is a company, law office, the individuality with the authority of resolving a dispute in the authorities etc., for example lawyer or insurance company representative.Though this is the grade in the system normally, and does not mean that a people can not become manager of programming or program user simultaneously.Manager of programming's visit
Manager of programming's supervisory routine user, each independent dispute or the institute that can watch and prepare to be submitted in their certain accounts are disputable.
As shown in Figure 3, when with manager of programming's identity access system, make a choice a plurality of optional action 24 of system prompt user from manager of programming's page of website.The optional action that provides on information and the manager of programming's page is according to manager of programming's authority and different.These options comprise: for example, add additional customer 26, revise existing subscriber's data 27, effective case is transferred to another user 28 from a user, cancels user 29, revise any account register data 30, browse institute disputable 31, be the detailed Dispute Report 32 of disputable generation, generate Top Line Report 33, browse disputable draft resolution spare 34, to system's send Email 35, the combination in any of system's cancellation 36 and these actions, the additional arbitrarily action that maybe can provide.
When selecting action 25, appropriate signals is transferred into the administration module of system.After receiving this signal, administration module is sought relevant information from the dispute of wherein being stored resolution data, collect this information, with its these information according to suitable formal classification and send the manager of programming to.The relevant information of administration module retrieval depends on the signal that the manager of programming transmits.In other words, each selected action all with administration module in a kind of different inquiries of the dispute resolution data of storing be associated, therefore, will retrieve the information of varying number and type.
In the preferred embodiment of native system, as shown in Figure 3, manager of programming's page provides following optional action for the manager of programming.
Add program user
Before program user will be disputed on input system, they must have manager of programming's granted access authority.The manager of programming clicks 26 visits of " adding the user " icon and adds user's form on manager of programming's page.Add user's form attention program keeper loading routine user's relevant information, address name for example, department, telephone number, e-mail address etc.
After the input relevant user information, the manager of programming clicks " submission " icon that adds in user's form.After information is submitted to, the acknowledgement window demonstration occurs and be added to the individual of program user and their name and password.Password can be generated at random by system, also can be specified by the manager of programming.Then this information is offered program user, make it can visit native system.
The update routine user
The manager of programming can change the program user data at any time.The manager of programming clicks " revising the user " the icon 27 access program user lists on manager of programming's page, and tabulation is according to user name and the classification of user's surname.Click the user name in the tabulation, show change user form.In this form, the manager of programming can change any or all data about program user of prior input.After finishing suitable change, " submission " icon that the manager of programming clicks in the form is stored these changes.Afterwards, the manager of programming is apprised of change and is saved.
Effective case is transferred to another program user from a program user
Sometimes may need effective case is transferred to another program user from a program user.This may be because program user is terminated or has no longer this account number, or program user is no longer handled the dispute activity.Effectively dispute is meant those by the program user input or divide the dispute of tasking program user, and it is out of date that wherein Zheng Yi state is not expressed as dispute, solved or do not obtained reconciliation.To go through the state of dispute below.
When program user is transferred to another department from department of company or office, effectively case also can be transferred to another program user from a program user.When personnel's conversion department, can in system, add " newly " program user, all data except department are all with original the same.All disputes are transferred to " newly " program user from " old " program user, even they are same users.Cancel " old " program user (below will describe in detail) then.This process allow program user from a department to the moving of another department, keep the historical data of dividing the dispute of tasking " old " program user and department simultaneously.
The dispute tabulation is shifted in " transfer case " icon 28 visits that the manager of programming clicks on manager of programming's page, in order to shift dispute.Then, the manager of programming clicks the dispute that they will shift on the program user form.If do not have the case of transfer, an information explanation can occur.If the dispute that can shift is arranged, the program user tabulation that dispute will be transferred to appears.For fear of the program user that is transferred to of will disputing on is made incorrect selection, same program user is not presented in this tabulation.Then, the manager of programming clicks suitable program user, to shift dispute.Thereafter, the manager of programming can be apprised of dispute and successfully be transferred to another program user by a program user.
Cancel program user
The manager of programming can cancel program user at any time.For example, can cancel the program user that does not have effective dispute.User list is cancelled in " cancelling the user " icon 29 visits that the manager of programming clicks on manager of programming's page, in order to cancel the user.From this tabulation, the manager of programming clicks them and wants the program user of cancelling.If selected program user also has effectively dispute, such information can appear, can't carry out any action.If program user is not effectively dispute in system, an information indicating program user can occur and cancel.
Revise the account register data
The manager of programming is the updated account log-on data at any time.In the address, phone, fax number, the manager of programming, when contact accounts etc. change, this will be necessary.The manager of programming clicks " account data " icon 30 visit registration updating tabulations on manager of programming's page.After making suitable change, click " submission " icon memory modify in the form.Afterwards, information occurs, prompting is revised and is saved.
Browse account's dispute
This feature makes the manager of programming browse and classify the institute that all program users in the same account number are submitted to is disputable.The dispute tabulation is browsed in " browsing dispute " icon 31 visits that the manager of programming clicks on manager of programming's page, in order to browse account data.Best, what be shown to the manager of programming browses the dispute tabulation according to dispute state classification.Yet native system can carry out collating sort according to any required standard.
The manager of programming clicks " classification " icon in order to show the dispute tabulation according to another category classification.Afterwards, tabulation can be classified according to any available categories, for example dispute, title, state, plaintiff, defendant etc.In addition, if necessary, the manager of programming can classify to tabulation with a plurality of classifications simultaneously.After the selection sort ordering, tabulation will correspondingly be classified and be shown.
In addition, the manager of programming can also click " seeking dispute " icon in order to seek specific dispute.Afterwards, will occur one and seek the dispute form.Manager of programming's input character in the arbitrary fields of seeking the dispute form or all fields then, the system that makes can navigate in the dispute.The shown field that is used to search for is for example, to dispute on title, plaintiff, defendant etc.By clicking " submissions " icon in the form, require the dispute that systematic search mates and show those and dispute that institute's input character is complementary.
Further, whenever tabulate in the display navigation dispute, can be by clicking the detailed data that specific dispute shows this dispute.
Generate detailed account's report
The manager of programming can also set up that all users in the same account submit to disputable showing and printable detailed account's report.Click " report " icon 32 and can show report form.By selecting various standards and classification and ordination, can generate various report.
For example in dispute in actual bodily harm, the standard that is used to generate account's report comprises the following: all departments/one particular department, all program users/one a specific program user, all adversaries/one a specific relative litigant, disputable type/one a specific dispute type, all sites of an accident/one a specific site of an accident, all type of injury/one a specific type of injury, all injured main body part/one specific injured main body part, disputable/effective dispute etc.For the dispute of other type, can use other relevant standard to generate account's report.
Further, classification and ordination can carry out according to any required mode, for example, and department/program user/dispute; Program user/dispute; Department/program user/state; Program user/state; Department/program user/dispute type; Program user/dispute type; Adversary/claim and adversary/state.Yet native system can be arranged desired information and show according to required order.After generating report, the manager of programming can come out reporting printing.
Generate concise and to the point account's case report
The manager of programming can further select to set up showing and printable Top Line Report of all cases that all users among the same account submit to.Clicking " summary " icon 33 can Display Summary report menu.
The manager of programming can select to watch according to following limitation standard classification, the concise and to the point statistics of extensions and footings, these standards include but not limited to: the user in the department, the user, dispute type, main injury, injured main body part, the site of an accident, adversary, or other limitation standard in the system.The manager of programming can also select to watch concise and to the point statistics according to the combination in any of following limitation standard, these standards include but not limited to: the number of dispute, the number of effective dispute, the dispute of handling, settled dispute, the number percent of settled dispute, total monetary value of settled dispute, the average monetary value of settled dispute, or other limitation standard in the native system.
Browse disputable draft resolution spare
As mentioned above, in the data entry system of dispute can being resolved, and organize, suitable personnel are edited and send in classification, so that use in conciliation or arbitration process.
The manager of programming clicks all case tabulations of " all cases " icon 34 visits on manager of programming's page, be used to browse and reconcile and arbitration case.Acquiescently, tabulation is according to case state classification.Yet, can change criteria for classification according to demonstration according to the customization of manager of programming's particular requirement.
Dispute on similarly with browsing the account, the manager of programming clicks " classification " icon tabulation is classified.Afterwards, system shows institute's information requested according to the classification and ordination of being asked.Further, if necessary, the manager of programming can classify to tabulation with a plurality of classifications simultaneously.After the selection sort ordering, tabulation will correspondingly be classified and be shown.
In addition, the manager of programming can also click " searching case " icon and seek specific case.Afterwards, will show that is sought a case form.Then, the manager of programming in seeking the case form arbitrary fields or all fields in input character, the system that makes can navigate in the conciliation and arbitration case that is complementary with the institute input character.The shown field that is used to search for is, for example, and case type, title, plaintiff, defendant etc.By clicking " submissions " icon in the form, a signal is sent to administration module, the conciliation and the arbitration case of indicating its retrieval to be complementary, and these cases are sent to the manager of programming locate.
Further, whenever showing all case tabulations, can be by clicking the detailed data that specific case shows this case.
Analysis is used to the hearing official that reconciles and/or arbitrate
The manager of programming can select for specific hearing official to analyze and solve data, wherein solves data and is used for reconciling or arbitration case.Analyzed data comprise the solution amount of money, bonus data, case state, case type etc.This just allows the manager of programming to analyze the performance of specific hearing official about specific case type, or other available information.
Send Email
The manager of programming can click email icon 35 at any time Email is sent to system management department on manager of programming's page.When selecting email icon, system automatically " is sent to " field and is set to the e-mail address that system management department distributes in the user email program.
Nullify
The manager of programming can also click icon 36 selection " cancellation " systems of nullifying in manager of programming's page.
Best, if the manager of programming at the appointed time in, for example 30 minutes, do not click the mouse or keyboard, native system will be nullified automatically.Automatically the setting of nullifying is to economize on resources for other are using manager of programming's (or program user) of native system.After automatic cancellation, the manager of programming only needs just to login once more and can work on.
With the manager of programming as program user
In addition, as shown in Figure 3, can provide the access rights of a program user 37 to the manager of programming.After being awarded such authority, the manager of programming can the access program User Page and is awarded the everything 38 of program user.The use of program user to native system hereinafter will be described in detail in detail.The program user visit
Normally those will be disputed on and related data is submitted to the personnel of systems with the personnel of program user identity access system.Yet as mentioned above, the manager of programming can be awarded the access rights of program user.
Program user will be endowed a fetcher code that comprises username and password.In case be endowed such code, program user just can login system.As shown in Figure 3, when with the identity access system of program user, in the program user page of website, a plurality of options 38 are provided for the user.The authority that information that the program user page provides and option are endowed according to program user and different.These options comprise, for example, add dispute 40, and dispute 42 is browsed in response dispute 41, generates Top Line Report 43, generates Dispute Report 44, to system's send Email 45, nullify 46, or other option that allows program user to carry out.
When selecting option 39, appropriate signals is transferred into the administration module of system.After receiving this signal, seek relevant information in dispute that administration module is stored the therein resolution data, collect this information, with it according to suitable formal classification and send program user to.The relevant information of administration module retrieval depends on the signal that program user transmits.In other words, each selected option all with administration module in different inquiries of the dispute resolution data of storing be associated, therefore, will retrieve the information of varying number and type.
In the optimization embodiment of native system, as shown in Figure 3, the program user page provides following optional action for program user.
The interpolation and the negotiation of dispute
Adding (or submitting to) dispute in system is the groundwork of program user.Program user is clicked from the program user page and is added dispute icon 40, starts the process of adding dispute.
As shown in Figure 4, after program user was selected to add dispute 40, they need select brief introduction classification 58 to determine plaintiff or defendant.
After having selected suitable brief introduction, the user needs to select the character 60 of dispute in shown universal list 59.The gross properties of dispute can be general dispute, non-performing loan, business transaction, build contract, credit card, foreclosure, owner/tenant, lender debt, partnership contract, personal injury, professional liability insurance, the purchase and sale transaction is rented and is borrowed agreement, intellecture property, subrogate, workman reparations, or other is in the U.S. or the reason of abroad being admitted by justice system.
Thereafter, an adversary selects in system in the tabulation that data generated that step 61 attention program user stores from by administration module, or selects data also not to be input to new adversary in the system.
The adversary is meant that those have systematic account or the individual of system user, office or company.Program user in the native system certain accounts is each to add a new dispute, adversary and represent adversary's individual's data to be retained in the administration module of system.Reservation information has many reasons.
At first,, need not re-enter corresponding data, just select just passable simply with this side if the adversary adds additional dispute in system.The process of retention data is re-entered time in the system for the user has saved with dispute.Further, when the new dispute of input, the data that kept can be used by all users in this account.
In addition, by selection company in tabulation, office and these companies, the individual in the office just can generate report based on these adversaries.This is particularly useful determining which adversary responds in the analysis of the dispute that dispute is submitted to and these adversaries are solved.
Secondly, import additional dispute information step 62 attention program user, such as case name and reel number etc.The type of the dispute information of being asked depends on selected dispute type.For example, if the gross properties of dispute is personal injury, so desired additional information should be such as type of injury, the site of an accident, injured main body part etc.
In addition, provide the help of the dispute that is used for particular type of computing machine generation to show.For example, if the gross properties of selected dispute is aforesaid personal injury, can clickable icon select injured body part to show so.This demonstration can therefrom be selected in dispute related any body part number by showing skeleton, helps the user to determine injured body part.
Then, if program user wishes to utilize the dispute resolution powers and functions of native system, they can start this program by selecting reconciliation scheme 63 as the system among Fig. 4.Process by this system handles dispute hereinafter reference calculation module guide is described in more detail.
When selecting to utilize the resolution powers and functions of system, if the user is the plaintiff, then import initial requirement step 66 prompting user, if be defendant, then point out the user to import initial proposal.
Then, system will show additional system option in step 67, and these spare system options can be selected or input by a side who submits dispute in step 68.To be described in more detail by the spare system option that a side who submits dispute to selects or imports.
Otherwise, wish that the management powers and functions of using system organize the dispute data if submit the program user of dispute to, and its submission is used to the words of reconciling and/or arbitrating, they can only submit to administration module in step 64 with the top information of importing and be used for classification, editor, tissue is stored, and notifies adversary and suitable peace-maker and arbitrator in step 65.
No matter program user is to submit to dispute to select to be used for dispute to be held consultation or the data of input are transmitted by system to be used for reconciling or arbitration, after all data relevant with dispute are transfused to, program user is submitted to administration module in step 64 with data, submit to icon to discern by clicking, classification, tissue and storage.Yet best, before dispute resolution data were by final submission the to, the program user (no matter being plaintiff or defendant) of submitting dispute to all will be examined the data of all inputs before all data are finally submitted to administration module.In this secondary examination of program user, program user has an opportunity to examine the accuracy of input data and make any required change.If all data are all correct, program user is clicked the administration module of submitting to icon data to be ultimately delivered to system.Program user will obtain the prompting of disputing on and correctly having been stored then.
When dispute is inputed in the system, start several actions.As shown in Figure 4, notify the adversary in step 65, their dispute of response of needs is imported in the system.By mail, Email, or other available means and adversary get in touch.The adversary is endowed a personal code work and dispute code, so that they are by the website visiting system.Unless the adversary makes response, otherwise will transmit following notice.
Alternatively, submit to the program user of dispute dispute can also be designated preference.The additional notifications service of this option calling system.Under the normal situation, the adversary that system has submitted dispute to by conventional mail notice.If dispute is designated preference, except the mail notice, the keeper of system also will attempt directly and adversary's contact, be used for persuading energetically its startup and participate in dispute.
In addition, submit to one of the dispute can be so that the time restriction that adversary institute must respond to be set.When a side is input to dispute in the system, they can formulate the maximum number of days of disputing on and consulting before negotiation procedure stops automatically.If the expiration date of dispute is set to from 60 days of input, and does not have correspondingly in 60 days, the dispute state will become expired.
The response dispute
The adversary obtain disputing on be imported into information in the system after, they can respond the dispute of being submitted in several days.Yet before response, the adversary must have fetcher code and dispute code.Without these, the adversary just can not access system.Have fetcher code and the adversary of the code of disputing on, use the web browser of their computing machine, locate and search for the aforesaid website that is used for native system.After access websites, response side need use and only solve visit (if not the manager of programming or the program user of native system), registers the new account of a system, and it oneself is established as manager of programming or program user; Need illustrate that perhaps they have no stomach for to using native system to carry out various negotiation.To discuss each part of these options below in more detail.
After having imported legal fetcher code and dispute code, administration module will send computing module to the corresponding disputable resolution data of these input codes, be used to use preselected standard.Hereinafter when speaking of computing module, will discuss the application process of preselected standard in more detail.
Further, response side (no matter plaintiff or defendant) may not can agree to use native system to resolve a dispute.If there is such requirement response side, they can click " loseing interest in " icon.If lose interest in response side, native system will inform that response side is to loseing interest in by native system negotiation dispute by the email notification side of submission to.
In case all each side all agree to resolve a dispute by the present invention, each side can visit dispute at any time so, imports new requirement or proposal, or looks at just whether your adversary has imported new requirement or proposal.Yet before requiring and proposal is submitted to computing module, system requirements response side finally examines to guarantee accuracy dispute data and requirement/proposal amount of money.If data are accurately, response side will finally submit requirement/proposal to.Whether system is solved according to standard decision dispute preselected in the computing module then.
The adversary that the design of system makes each side not be used in them imports and requires or propose to import additional requirement or proposal afterwards, and they can import any a plurality of requirements or proposal that they see fit.
Delivering data is used for reconciling and/or arbitration
Contesting party can send dispute and be used for reconciling or arbitration, and does not use the standard in the native system computing module to resolve a dispute.If selected this approach, the information in all input systems will be delivered to suitable personnel place by administration module and be used for reconciling or arbitration.
If each side agrees reconciling or arbitration is resolved a dispute, each side all will have one to submit argument to, the chance of information and voucher to peace-maker or arbitrator.According to the present invention, best, these information will be submitted to peace-maker or arbitrator by network communication channels, for example radio communication, internet or other suitable equivalent things.Then, peace-maker or arbitrator examination separately position and issue decision to both sides.
Further, reconciling or arbitrate can be real-time online, or not online.Best, each side submits argument to by the internet, information, and voucher and other evidences are considered for peace-maker or arbitrator.Each side can also comprise in the dispute information of submitting to be proposed and requirement.
When program is real-time, peace-maker or arbitrator can ask a side that additional information or explanation is provided, and these further information and explaining also need.
The scope that has exceeded the application that discusses fully to the different schemes of all conciliations or arbitration need not go through herein.Importantly visit the ability of the non-administration of justice " management and program " and use the information that provides previously from a kind of technology incessantly for the present invention, seamlessly just, move to another kind of technology, the gamut of program all is available to the user simultaneously.
Browser user dispute
Similar with the manager of programming, program user can also be managed the new data that the data imported for dispute and dispute program generate except adding as mentioned above and consulting the dispute.This feature makes that program user can be submitted them to or they browse for the side that disputes on disputable therein and classify.Program user is clicked 42 visits of " browsing dispute " icon and is browsed the dispute tabulation on the program user page.Best, what be shown to program user browses the dispute tabulation according to dispute state classification.Yet native system can be classified according to various required standards.
Program user click classifications icon is in order to show the dispute tabulation according to another category classification.Thereafter, tabulation can be classified according to any available categories, for example dispute, title, state, plaintiff, defendant etc.In addition, if necessary, program user can be classified to tabulation with a plurality of classifications simultaneously.After the selection sort ordering, tabulation will correspondingly be classified and be shown.
In addition, program user can also be clicked " seeking dispute " icon in order to seek specific dispute.Afterwards, will occur one and seek the dispute form.Program user input character in the arbitrary fields of seeking the dispute form or all fields then, the system that makes can navigate in the dispute.The shown field that is used to search for is for example, to dispute on title, plaintiff, defendant etc.By clicking " submissions " icon in the form, require the dispute that systematic search mates and show those and dispute that institute's input character is complementary.
Further, whenever tabulate in the display navigation dispute, can be by clicking the detailed data that specific dispute shows this dispute.
Generate detailed Dispute Report
Program user can also set up their input or they be the side that wherein disputes on disputable showing and printable detailed Dispute Report.Click " report " icon 44 and can show report form.By selecting various standards and classification and ordination, can generate various report.
The standard that is used to generate Dispute Report can be, but be not limited to the following: all litigant each side/one specific adversary, disputable type/one a specific dispute type, all sites of an accident/one a specific site of an accident, all type of injury/one a specific type of injury, all injured main body part/one specific injured main body part, disputable/effective dispute etc.
Further, classification and ordination can carry out according to any required mode, for example, and claim, state, dispute type, adversary/claim, adversary/state, adversary/dispute type.Yet native system can be arranged institute's information requested according to required order.After generating report, program user can come out reporting printing.
Generate the summary Dispute Report
Program user can further select to set up that they submit to or they be wherein dispute on a side disputable showing and printable Top Line Report.Clicking summary icon 43 can Display Summary report menu.
Program user can be selected to watch according to following limitation standard classification, the concise and to the point statistics of extensions and footings, and these standards include but not limited to: the dispute type, main injury, injured main body part, the site of an accident, adversary, or other limitation standard in the system.Program user can also select to watch concise and to the point statistics according to the combination in any of following limitation standard, these standards include but not limited to: the number of dispute, the number of effective dispute, the dispute of handling, settled dispute, the number percent of settled dispute, total monetary value of settled dispute, the average monetary value of settled dispute, or other limitation standard in the native system.
Analysis is used to the hearing official that reconciles and/or arbitrate
The manager of programming can select for specific hearing official to analyze and solve data, wherein solves data and is used for reconciling or arbitration case.Analyzed data comprise the solution amount of money, bonus data, case state, case type etc.This just allows the manager of programming to analyze the performance of specific hearing official about specific case type.
Send Email
Program user can be clicked email icon 45 at any time Email is sent to system management department on the program user page.When selecting email icon, system automatically " is sent to " field and is set to e-mail address into the distribution of system management department in the user email program.
Nullify
The manager of programming can also click icon 46 selection " cancellation " systems of nullifying in the program user page.
Best, if program user in preset time, for example 30 minutes, do not click the mouse or keyboard, native system will be nullified automatically.Automatically the setting of nullifying is to economize on resources for other are using the program user (or manager of programming) of native system.After automatic cancellation, program user only needs just to login once more and can work on.Management access
Because the character of native system, it has the function of managerial personnel's visit.When with managerial personnel's identity access system, to offer a plurality of optional selections 47 of user, managerial personnel's visit and optional the selection as shown in Figure 3, comprise that notice submitted the adversary of dispute to, system needs their response 52, the dispute of notice each side has solved 53, generate event report 49, generate preferential dispute tabulation 54, to dispute on and activate 51,, generate account's Top Line Report 50 for treasurer's department of system provides the information of presenting the bill 55, generate Audit Report 56 in order to the normal operation of assurance system, and the combination in any of these selections.
These functions are carried out by Website login by system personnel, and this website is designated as the execution that allows system management function.After login correctly, these selections will appear.
In suitable place, managerial personnel are chosen in the specific data area and watch record.For example, when selecting event report 49, the date range form will appear.After the legal date range value of input, click the submission icon in the screen, to generate one report in screen list, be respectively on the different pages: a new dispute tabulation of submitting in date range wherein has the necessary information that all need notify the dispute adversary; A new dispute tabulation that is designated preference of submitting in date range wherein has all need notice dispute adversary on preferential basis necessary information; The tabulation that to be sent to the dispute of reconciling or arbitrating, dispute had not wherein both solved the date range that is sent to conciliation or arbitration that does not yet surpass; The amount of money tabulation that need are paid wherein has all information that need the contesting party that pays, wherein dispute can be settled, do not solve or exceed this date range.
For example, when selecting briefly to add up 50, the date range form will appear.After the legal date range value of input, click the submission icon in the screen, will in screen list, generate one report, on the different pages, be respectively: the Top Line Report of representing the solution statistics of all accounts and dispute.
Usually, because this report mainly is to be used to guarantee that the viewpoint from technology has correctly solved dispute, so there is not the details of dispute in the Top Line Report.
When selecting effectively dispute 51, form will appear effectively disputing on.After input legal dispute sign and the submission icon in the click screen, effectively dispute will occur and confirming screen.Click to submit icon in form to, dispute will be identified as ACTIVE in system, if feasible, the expiration date of dispute will be set to activate 60 days that the date rises.Only solve visit
If not registration and just wish not resolve a dispute of adversary with native system, they only input be used for fetcher code and the dispute code that they wish the specific dispute consulted, and select " only solving " visit.
As shown in Figure 3, at the legal fetcher code of input, the dispute code has also been selected after " only solving " visit, and response side just can access system, only solves purpose but can only be used as, and management powers and functions that can not access system.Yet all information of response side's input will be used for tissue via administration module, classification, and editor and storage, so that submission side uses, certainly, if response side is determining Accreditation System a little later, they also can use.
Thereafter, administration module will be sent to computing module with input reference and the corresponding disputable resolution data of dispute visit.Because visit has been selected only to solve by response side, they can not visit administration module powers and functions arbitrarily.System only shows relevant dispute resolution data to only solving calling party.The current state that only solves the calling party dispute, nearest incident etc. are informed in this demonstration.For example, if it is out of date to dispute on, solves or be not resolved, system will inform and only solve the same information of calling party.In addition, system will list the date that the dispute that is useful on imports and the amount of money of requirement/proposal, if any, and the solution date and the amount of money of having resolved a dispute in addition.If dispute has been conciliate or be out of date, do not require/proposed with regard to not allowing to reintroduce.
With only want to resolve a dispute by system opposite, respond one submit dispute to only solve the new account that calling party can select to register native system.Register a new account a lot of benefits are arranged, response can be to generate detailed or concise and to the point report, manage a plurality of disputes with single account, and do not need a fetcher code and dispute code (except the initial retrieving of their the notified dispute of input recently) are all imported in each independent dispute, and in fact can submit dispute to system.
As mentioned above, only solving all information calling party input and that generated by computing module and data is sent to administration module and is used for identification, classification, editor and storage.
Computing module
Return Fig. 2, as mentioned above, the architecture 3 of native system also comprises a computing module 6 that links to each other with administration module 5, is used for response request and receives the non-judical dispute resolution data, carries out the dispute resolution procedure by system.Computing module 6 uses preselected standard, and this standard is used for the dispute resolution data imported, resolves a dispute, and then, the new data that generates in the resolution procedure is sent to administration module 5, is used for the related data classification, and editor also can be stored in wherein with retrieving.
Legal fetcher code that administration module response is imported and dispute code are sent to correspondingly dispute resolution data in the computing module.System will show and the relevant relevant information of each side's dispute.The current state of each side's dispute, nearest incident etc. are informed in this demonstration.For example, if it is out of date to dispute on, solves or be not resolved, the information that each side is same will be informed by system.In addition, system will list the date that the dispute that is useful on imports and the amount of money of requirement/proposal, if any, and the solution date and the amount of money of having resolved a dispute in addition.If dispute has been solved or out of date, just can not reintroduce and require/proposed.
If dispute is not resolved or is out of date, each side claims needs/proposes (depending on plaintiff or defendant).If this dispute does not require/proposes before this, then need each side to propose their initial requirement/proposal.If this dispute has initial requirement/proposal, each side need import requirement/proposal subsequently.Process continues, and it is expired that preselected standard has solved the time restriction of disputing on or resolving a dispute in according to computing module.
When having imported requirement for the dispute of having submitted to and having proposed that after (depending on plaintiff or defendant), system uses preselected standard in the computing module.
Further, when a side will require or propose in the system of being input to, the state of dispute will correspondingly change.System organizes according to color-coding classification by the dispute that will be imported, and the dispute state is informed the user.For example, those represent that with the yellow dispute of emphasizing this user is the user that last input requires or proposes, and if do not solve, dispute will be expired in 10 days; Represent that the adversary is the user of last input requirement or proposal and does not solve that dispute will be expired in 10 days if classify red dispute as; Classify blue dispute prompting user as, the adversary is that last input requires or the user that proposes but dispute can be not expired in 10 days.
The computing module of native system can call any one preselected standard and solve dispute.Best, system is set to use tender type to consult, or as mentioned above, only is that the resolution data delivery that will import is used for reconciling or arbitrating to the third party.
Tender type consults " to seal " or open to the outside world ground carries out.The adversary can't know the bid of sealing, but can know open bid.Each scheme described herein all is to carry out under the condition of " sealing " or open to the outside world.
In the process that sealing is consulted, the opposing party's requirement or proposal can not be watched by contesting party.Only each can see the amount of money of resolution just now when dispute is solved.This mode is not wanted to allow the adversary know in your occasion of position at you to be particularly useful.
In the process that open for bids is consulted, the opposing party's requirement or proposal can be watched by contesting party, but only are after it is imported requirement first or proposes.For example, if defendant submits dispute to and imports initial proposal, system can not reveal defendant's proposal to the plaintiff before the plaintiff imports initial requirement.If solution to disputes, system will notify the amount of money of each side's resolution.If dispute does not solve, system will advise that each side does like this.Thereafter, defendant can not see plaintiff's initial requirement before he imports another proposal.Negotiation is proceeded, up to dispute solved or a side no longer to the opposing party's requirement or propose interested.
The details that the computing module of system is resolved a dispute is as described below.
Tender type is consulted
System consults to carry out solution to disputes by tender type, and then, after dispute resolution data are delivered to computing module, computing module will be imported and require and import and propose, compare according to following mode:
If Y≤X then resolves a dispute according to Y;
If Y＞X and Y≤(X+30%), would then resolve a dispute according to (X+Y)/2;
If Y＞(X+30%), then can not resolve a dispute;
Wherein:
Defendant's X=proposal
Y=plaintiff's requirement
In other words, in the last example, dispute will (1) when plaintiff's required value during less than defendant's proposal value, according to plaintiff's required value solution; (2) when plaintiff's required value do not exceed defendant the proposal value 30% the time, solve according to the mean value of plaintiff's required value and defendant's proposal value; (3) when plaintiff's required value exceed defendant the proposal value 30% the time, can not resolve a dispute.
Propose that by changing defendant employed number percent can change above-mentioned algorithm.Best, defendant proposes that employed number percent should be between about 5% to about 35%.In addition, defendant proposes that employed number percent can be by program user, and normally defendant is provided with, or the default value of using system.
Further, above-mentioned tender type is consulted and can unlimitedly be repeated.That is to say that plaintiff and report are proceeded to consult, stop up to solution to disputes or negotiation.When repeating, above-mentioned algorithm uses the requirement of the up-to-date input of plaintiff and the up-to-date input of defendant to propose to compare.With following situation is example:
Example 1
Date Personnel Action The amount of money The result
????01/18 The plaintiff Initial requirement ????$20,000 Do not have
????01/25 Defendant The initial proposal ????$10,000 Be not resolved
????01/28 The plaintiff New demand ????$18,000 Be not resolved
????02/05 Defendant The new proposal ????$15,000 An Zhao $16,500 conciliate
In example 1, because last requirement ($18,000) do not exceed last proposal ($15,000) 30%, so dispute is conciliate.Dispute is according to last requirement ($18,000) and last ($15,000 of proposing) Ping Junzhi $16,500 solve.
Example 2
Date Personnel Action The amount of money The result
????03/05 The plaintiff Initial requirement ????$12,000 Do not have
????03/18 Defendant The initial proposal ????$8,000 Be not resolved
????03/27 The plaintiff New demand ????$8,500 Be not resolved
????04/05 Defendant The new proposal ????$9,000 An Zhao $8,500 conciliate
In example 2, because last requirement ($8,500) be lower than last proposal ($9,000), so dispute is conciliate.Dispute is according to the amount of money ($8 of last requirement, 500) conciliate.
Example 3
Date Personnel Action The amount of money The result
??02/05 The plaintiff Initial requirement ??$80,000 Do not have
??02/10 Defendant The initial proposal ??$40,000 Be not resolved
??02/20 The plaintiff New demand ??$75,000 Be not resolved
??02/25 The plaintiff New demand ??$70,000 Be not resolved
??03/01 Defendant The new proposal ??$50,000 Be not resolved
??03/05 Defendant The new proposal ??$60,000 An Zhao $65,000 conciliates
In example 3, because last requirement ($70,000) do not exceed last proposal ($60,000) 30%, so dispute is conciliate.Dispute is according to last proposal ($60,000) and last ($70,000 of requiring) Ping Junzhi $65,000 conciliates.Please note that example 3 has illustrated that plaintiff and defendant can import requirement or proposal at any time, and needn't wait for the opposing party's response.When a side has imported continuous proposal or required, system will use the requirement or the proposal of last input to be used for comparison.
Further, tender type can be set consult, the prompting user imports initial requirement (user is the plaintiff) or sets up the upper lower limit value (user is defendant) of resolution scope.Whether system uses the amount of money calculating dispute of these inputs to be conciliate.
When using the embodiment of above-mentioned resolution scope, dispute with (1) if the amount of money of plaintiff's requirement within the upper lower limit value of defendant's resolution scope, resolve a dispute according to plaintiff's requirement; (2), resolve a dispute according to the lower limit of defendant's resolution scope if when the amount of money that the plaintiff requires is less than or equal to defendant's the lower limit of resolution scope; Perhaps (3) if the amount of money that the plaintiff requires during greater than the higher limit of defendant's resolution scope, can not resolve a dispute.
This embodiment also can unlimitedly repeat.That is to say that plaintiff and report are proceeded to consult, stop consulting up to a solution to disputes or a side.When repeating, all need to repeat defendant to import upper lower limit value at every turn, the plaintiff imports required value.
Perhaps, system can calculate defendant's resolution scope automatically from each takes turns the monodrome of defendant input.System can be with the value of input as arithmetic mean, lower limit or higher limit, and use suitable number percent to generate the resolution scope.
In addition, can the resolve lower limit of scope of system is set to fixed value.For example, when defendant imported initial a proposal, the lower limit of resolution scope can be set to be worth than the initial proposal of importing little by 50%, and higher limit can be set to initial proposal value.After repetition in, the lower limit of scope is constant, still is set to former value, and higher limit can change according to the input that repeats.
For example, if defendant's defendant $10,000 as initial proposal, and system calculates the resolution scope and is $5,000 to $10,000.In at every turn the repeating the most subsequently, lower limit all remains ($5,000) constant, and higher limit is set up according to the proposal of input subsequently.
Further, the user can select to consult automatically option.If selected automatic negotiation option, each takes turns requirement and the proposal of being imported according to specific rule calculating system.When the user has selected automatic negotiation option, the system requirements user imports certain criteria so that system makes decision according to requirement/proposal of being imported.The standard of required input may comprise the following: i) user wishes the number of the proposal/requirement of formulating; Ii) the user wishes to improve or reduce the consideration of the amount of money in every negotiation of taking turns subsequently; Time cycle and other similar standard between iii) requirement/proposal is submitted to.These options can be by defendant, and side among the plaintiff or both sides propose.
For example, if defendant has selected automatic negotiation option, defendant need import additional information and illustrate they need system when to make proposal, and defendant can import a proposal and each takes turns the amount of money that needs interpolation.As previously mentioned, these options use together with different preselected standards, are used to resolve a dispute.
Optionally, system can also use electronics mode or alternate manner " noiseless peace-maker " feature.If restricted to the wheel number that repeats, or to the conditional words of the amount of money of final requirement/proposals, this feature will work in last of negotiation taken turns." noiseless peace-maker " feature has been arranged,, value has as requested been resolved a dispute with the mean value of the higher limit of resolution scope if require not exceed a specific number percent of resolution range limit value.In other words, if outside nearest round, require to be higher than the higher limit of resolution scope, and exceed the particular percentile of the resolution scope of nearest foundation in nearest round, dispute can't solve.System has done such supposition to this feature: if when negotiation procedure finishes, each side does not exceed specific number percent, and the each side of dispute all wishes to resolve a dispute veritably.
Best, specific number percent should be from about 5% to about 30%.In addition, this specific number percent can be by default or by a side of dispute or selection in many ways.
If, after having used above-mentioned standard, do not resolve a dispute, the each side of input requirement/proposal will be apprised of, and be prompted to import another requirement/proposal (if requirement/proposal that requirement/proposal of being imported is not last to be taken turns), perhaps nullify system.If the user wishes to import another requirement/proposal, they can do like this, and said process repeats.If the user wishes the cancellation system, they can return the homepage of website.
Best, for the solution that promotes to dispute on, system can require defendant Duo a mode that presets number percent with minimum than previous proposal in each of consulting is taken turns, and for example 5%, improve the amount of money of proposal.Similarly, system can require the plaintiff to lack a mode that presets number percent with minimum than previous requirement in each of consulting is taken turns, and for example 5%, the amount of money that lowers the requirement.In other words, if you are the plaintiff, the requirement Shi $100 of your last time, 000, your requirement Ying Wei $95 next time so, 000 or lower ($100,000-5% is $95,000).Similarly, if you are defendant, the proposal Shi $90 of your last time, 000, your proposal Ying Wei $94 next time so, 500 or higher ($90,000+5% is $94,500).
Further, best, system's cost of use structure is used for visit and using system.Though a kind of fee structure that can resolve a dispute from financial stimulation each side has been used in visit and use the present invention can use any fee structure in the preferred embodiment.The certain amount of money of each side's payment of this structural requirement is used to add the resolution process.Therefore, the plaintiff is required to be and submits to each to require to pay, and defendant is required to be and submits to each to propose to pay.These expenses are according to the financial magnitude divided rank of dispute, for example, from " by the dog bite case " to the grievous injury case, even dead case.Can use multiple scheme, but this feature of the present invention is resolved and the resolution of punishment nothing from rewarding economically by fee structure.
Further, best before defendant or plaintiff will propose or require in the system of being input to, should require them to examine agreement protocol.If they agree the clause of agreement, click agree icon, they are subjected to the constraint of terms of agreement and condition afterwards.If used this option, and terms and conditions are disagreed with by each side, they just can not sue for peace and propose to be input in the system, and are best, and before input required and proposes, each side must the examination agreement protocol.
The input the highest solution amount of money (being used for defendant) or the minimum solution amount of money (being used for the prosecution witness) can be selected by contesting party.If imported the highest solution amount of money, the solution that system will not allow defendant to import and may cause result to exceed Maximum Amount is proposed.On the contrary, if imported the minimum solution amount of money, the solution that system will not allow the plaintiff to import and may cause result to be lower than minimum amount is proposed.If the user has imported the unallowed amount of money, this amount of money will be refused by system, and the request user imports suitable value or changes the high or minimum solution amount of money.
System can also use and consult the bodyguard.Particularly, after the user imported proposal or requires, the system requirements user answered whether wish to import specified amount, further revises this amount of money, or does not import this amount of money.This bodyguard has guaranteed that also the user had the time enough thinking or revises their requirement or proposal before input, therefore reduced the possibility of wrong input.
Input " the final requirement " (plaintiff) or " the final proposal " (defendant) can select in the each side of dispute in negotiation procedure.This can submit to " the final requirement " or " the final proposal " on the screen to finish by clicking to submit a tender.
If defendant has selected " final propose " option, system calculates the available accurate amount of money of defendant automatically, and the highest possible solution amount of money of disputing on like this (conciliating criterion calculation according to system) will equate with the highest amount of money that may solve.
If the plaintiff has selected " final require " option, system calculates the accurate amount of money that the plaintiff can import automatically, and the possible minimum solution amount of money of disputing on like this (conciliating criterion calculation according to system) will equate with the minimum amount of money that may solve.
When a side (plaintiff or defendant) has selected " final require " or " the final proposal ", they just can not import proposal again or require.In addition, the dispute state will become " the final proposal " or " the final requirement ", and with this change notification the opposing party.
Behind all information input systems that will be used to resolve a dispute, information input and that generated by computing module is sent in the administration module, as identification, and classification, editor and storage.
The claim data storage and retrieval system
Further, the manager of programming of native system can select to use the claim data storage and retrieval system.If the user selects to use the claim data storage and retrieval system, this specific user be used for disputable data will be delivered to claim data storage and retrieval system 20 by administration module, as shown in Figure 2.The claim data storage and retrieval system will be sent the data of coming and from other all data of system together, further classification, and editor arranges and stores in the form that can inquire about.Thereafter, having can be by the administration module 5 visit claim data storage and retrieval system of system 1 by all users of delivering data.Having can be to the administration module input inquiry, in order to search in storage and retrieval system by all users of delivering data.
For example, in personal injury case, user in the storage and retrieval system can be according to the site of an accident, and type of injury or injured body part are inquired about the data in the storage and retrieval system, to be identified for the average solution amount of money value of the dispute in all input systems.For the reason that customizing messages is maintained secrecy, the user can not visit specific dispute information, litigant's name for example, name of attorney, the quantity of claim or dispute.
Give this storage and retrieval system with data delivery, the user that can make native system is identified for the amount of money value of claiming damages better according to current and statistics in the past.This feature will make negotiation procedure more effective, and wherein defendant can determine the amount of money value of particular claim rapidly easily.
Software package
Best, the present invention can use following software package, or its equivalent: the Microsoft Windows NT Server 4.0 that has InternetInformation Server 3.0 (IIS), Allaire ColdFusion 4.0 Server and Studio, Microsoft Foxpro 6.0 (or Microsoft SQL Server 7.0 Enterprise), Seagate Crystal Reports, ExpertSystems Ease Telephony System and so on.The scope that the description of these and related software bag has been exceeded the application.But, below how the brief description native system is used above-mentioned software package.
The Microsoft WindowsNT Server4.0 that has Internet Information Server3.0 (IIS) makes the server operation, and comprises access privilege setting and system performance monitoring.IIS 3.0 can use the network host feature relevant with Windows NT, and allows the internet user access native system.
Allaire ColdFusion 4.0 Server and Studio softwares are the network host programs of replenishing IIS 3.0.It is exclusively used in the administration module feature of handling in the native system, for example, adds in administration module, revises deletion and retrieve data.System proposes the request to the Coldfusion process, and is translated into IIS 3.0 intelligible instructions.IIS 3.0 handles these instructions and the result is returned Coldfusion.
Microsoft Foxpro 6.0 (or Microsoft SQL Server 7.0 Enterprise) is a Relational DBMS.This, or other similar software, be system's storage data.IIS 3.0 links to each other with this software by open type data storehouse conduction (ODBC) service that provides among the Windows NT with Coldfusion.
Seagate Crystal Reports is a software package that generates database report.This software outputs to information on the file of employed html format when linking to each other with the internet.The ODBC series connection of this software and Windows NT is used.
Expert Systems Ease Telephony System is telephony platform still not, and is a development system.The calling that this software package will be come in sends system to, and communicates by ODBC and the data file of Windows NT.
The ability of the information that system management of the present invention is relevant with dispute with editor makes from tender negotiation to reconciling or arbitrating and can use seamless process.In addition, native system classification, editor, the ability of tissue and storage makes the each side can be according to their some or all of described resolution procedure above required any select progressively.
Therefore, though above the preferred embodiment of the present invention has been done to describe in detail.The personage who is proficient in the technology of the present invention field should be realized that, under the prerequisite that does not deviate from the scope of the invention and purport, the present invention can make other change or modification, and all such changes and modifications are included within the invention scope described in additional claims.

Claims (185)

1. be used to manage the system of non-judical dispute resolution, comprise:
An electron system structure, it receives, and the data that classification and storage are relevant with non-judical dispute resolution are used for the gamut of in dispute two or more litiganies' non-judical dispute resolution program is carried out and managed.
2. system according to claim 1, wherein, described system can be by internet access.
3. system according to claim 2, wherein, described system can be by embedded links and accesses in another entity website.
4. system according to claim 1, wherein, described system can visit by electronic communication.
5. system according to claim 1, wherein, described system can visit by radio communication.
6. system according to claim 5, wherein, described radio communication is selected from a group, and this group comprises radio frequency, microwave, UHF and other frequency of selecting from electromagnetic wave spectrum.
7. system according to claim 1, wherein, described architecture comprises:
Administration module is configured for reception, classifies and stores described dispute resolution data, and provide described data and a compilation that inside is continuous of the new data that generates in described non-judical dispute resolution program; And
With the computing module that described administration module is connected, be used to receive described dispute resolution data, described computing module is designed to carry out selected resolution procedure, and sends the new data that generates in the described resolution procedure to described administration module.
8. system according to claim 7, wherein, described system provides the biographical data of at least one side input of visit to respond described dispute.
9. system according to claim 8 wherein, based on the verification of described biographical data, provides described visit.
10. system according to claim 9, wherein, described biographical data comprises the account, at least one in the username and password or more.
11. system according to claim 8, wherein, described visit is to comprise that at least the manager of programming visits the hierarchical visit of visiting with program user.
12. system according to claim 11, wherein, described manager of programming's visit comprises a plurality of selectable actions.
13. system according to claim 12, wherein, described a plurality of selectable actions can be selected from a group, this group comprises the interpolation additional user, revise already present user data, effective case is transferred to another user by a user, cancel the user, revise account register information, it is disputable to browse institute, generates detailed Dispute Report, generate disputable Top Line Report, browse the disputable draft resolution spare of institute and one or more the above motion combination.
14. system according to claim 13, wherein, the action that described administration module responds described manager of programming's selection offers described manager of programming with related data.
15. system according to claim 11, wherein, described program user visit comprises a plurality of options.
16. system according to claim 15, wherein, described a plurality of options are selected from a group, and this group comprises: the interpolation dispute, dispute is browsed in the response dispute, generates the combination of Dispute Report and generation Top Line Report and one or more described options.
17. system according to claim 16, wherein, described administration module responds the selected option of described program user related data is offered described program user.
18. system according to claim 8 comprises that also managerial personnel visit.
19. system according to claim 18, wherein, described managerial personnel's visit comprises a plurality of options.
20. system according to claim 19, wherein, described a plurality of option is selected from a group, this group comprises that notice submitted to the each side of the dispute of system, wherein, the system request response, notify the user of settled dispute, dispute is designated effective status, generates preferential dispute tabulation, for system generates event report, the information of presenting the bill is provided, for one in the system or all users generate Top Line Report, it is normal to guarantee system's operation to generate Audit Report, or the combination of one or more described selections.
21. system according to claim 20 wherein, responds the selected option of described managerial personnel, described administration module offers described managerial personnel with related data.
22. also comprising, system according to claim 8 only solves visit.
23. system according to claim 22, wherein, response provides and only solves visit, and described administration module offers described computing module with related data.
24. system according to claim 23, wherein, described system only is shown to described related data described and solves calling party.
25. system according to claim 7, wherein, described administration module also comprises provides the operation support that is used with described non-judical dispute resolution program.
26. system according to claim 25, wherein, described operation support is selected in a group, and this group comprises the report service, and service is explained in translation service, the combination that the structure solution is arranged and one or more described operation is supported.
27. system according to claim 7, wherein, described architecture also comprises a claim data storage and retrieval system.
28. system according to claim 27, wherein, described claim data storage and retrieval system keeps and the relevant data of dispute resolution, and retrieves described data according to classification.
29. system according to claim 28, wherein, described classification is selected from a group, and this group comprises the descriptive nature of dispute, conciliate the amount of money, the site of an accident, type of injury, injured body part, sex, age, the combination of professional and one or more described classifications.
30. system according to claim 27, wherein, described storage and retrieval system is accessed by the user, and this user agrees to provide the data of all and described user-dependent dispute from administration module.
31. according to the system described in the claim 30, wherein, described storage and retrieval system data are maintained secrecy.
32. system according to claim 7, wherein, the gamut of described non-judical dispute resolution program comprises the tender type negotiation, reconcile, and arbitration, be a seamless in fact process array.
33. the described system of claim 32, wherein, described administration module responds the dispute resolution procedure of the side selection of described dispute, and related data is offered described computing module.
34. system according to claim 33, wherein, described non-judical dispute resolution program is that a tender type is consulted.
35. system according to claim 34, wherein, it is a negotiation that sealing is submitted a tender that described tender type is consulted.
36. system according to claim 34, wherein, it is the negotiation of an open for bids that described tender type is consulted.
37. system according to claim 34, wherein, described system provides a brief introduction prompting device for the described side who selects described dispute resolution procedure, and the described side of described brief introduction prompting device prompting selects brief introduction.
38. according to the described system of claim 37, wherein, described brief introduction is selected from the group that comprises plaintiff and defendant.
39. according to the described system of claim 38, wherein, described system provides one to consult prompting device for described plaintiff and described defendant, described negotiation prompting device prompting plaintiff imports requirement, and defendant imports proposal.
40. according to the described system of claim 39, wherein, described computing module has used preselected standard, the more described input of described preselected standard requires and described input is proposed, to determine whether dispute solves.
41. according to the described system of claim 40, wherein, the notice whether described system solves described dispute sends described plaintiff and described defendant to.
42. according to the described system of claim 40, wherein, described preselected standard solves described dispute according to following value:
If a) described requirement is lower than described proposal, according to the value of described requirement; Perhaps
B) if described requirement does not exceed a preselected number percent of described proposal, according to the mean value of described requirement and described proposal.
43. according to the described system of claim 42, wherein, described preselected number percent from about 5% to about 35%.
44. according to the described system of claim 40, wherein, described proposal comprises a higher limit and a lower limit, described higher limit and described lower limit constitute the resolution scope.
45. according to the described system of claim 44, wherein, described preselected standard solves described dispute according to following value:
When a) if described requirement is between the described higher limit of described resolution scope and described lower limit, according to the value of described requirement; Perhaps
B) if when described lower limit is less than or equal in described requirement, according to the described lower limit of described resolution scope.
46. according to the described system of claim 45, wherein, described lower limit is a fixed value, and described higher limit is a changing value.
47. according to the described system of claim 40, wherein, described computing module sends the described new data that generates in the described resolution procedure to described administration module, is used for editor, classification and storage.
48. system according to claim 32, wherein, described non-judical dispute resolution program is for reconciling.
49. according to the described system of claim 48, wherein, described administration module responds described conciliation and selects, and related data is offered the peace-maker.
50. according to the described system of claim 49, wherein, described conciliation is that real-time online is reconciled.
51. according to the described system of claim 49, wherein, described conciliation is not online conciliation.
52. system according to claim 32, wherein, described non-judical dispute resolution program is arbitration.
53. according to the described system of claim 52, wherein, described administration module responds described arbitration and selects, and related data is offered the arbitrator.
54. according to the described system of claim 53, wherein, described arbitration is the real-time online arbitration.
55. according to the described system of claim 53, wherein, described arbitration is not online arbitration.
56. system according to claim 1 also comprises a fee structure that is used to visit and use described system.
57. according to the described system of claim 56, wherein, described fee structure is resolved from financial award, and from the non-resolution of financial punishment.
58. a system that is used to manage non-judical dispute resolution comprises:
An electron system structure, its reception, classification, and the storage data relevant with non-judical dispute resolution are used for the gamut of non-judical dispute resolution program is carried out and managed, and described architecture has multiple access type.
59. according to the described system of claim 58, wherein, described multiple access type is selected from comprising that the manager of programming visits in the group of visiting with program user.
60. comprise also that according to the described system of claim 59 managerial personnel visit.
61. also comprise only solution visit according to the described system of claim 60.
62. being used to manage the electron system structure of non-judical dispute resolution comprises: administration module, be used for receiving, classification and storage dispute resolution data, and the inside continuous assembly of described data is provided;
With the computing module that described administration module is connected, be used to receive described dispute resolution data, described computing module uses the described data that receive, carry out non-judicial resolution procedure, and, if any, send described administration module to the new data that generates in the described resolution procedure; And
Wherein, the described new data that is transmitted of described administration module response is with new data packet and storage.
63. online in real time more new database comprises:
Administration module, be configured for reception, classify and storage dispute resolution data, and the inside continuous assembly of described data is provided according to the record that can retrieve, described administration module responds the change and the interpolation of described data compilation, upgrades the described record that retrieves.
64. storage and retrieval system comprises:
Claim damages data storage and searching database, described database is configured for reception, classification, and editor, storage, but and category retrieval use, the user of described storage and searching database gives described database with the dispute resolution data delivery of being asked; And the described user who wherein only sends described data just can retrieve described data.
65. according to the described system of claim 64, wherein, described storage and retrieval system data are classified, editor arranges and storage, so that make data confidentiality.
66. being used to manage the system of non-judical dispute resolution comprises:
An electrical interface, described interface provide the multiple access type of visit electron system structure, and this electron system structure reception is classified, and the storage data relevant with non-judical dispute resolution, are used to carry out and manage the gamut of non-judical dispute resolution program.
67. according to the described system of claim 66, wherein, described multiple access type is selected from comprising that the manager of programming visits the group of visiting with program user.
68. comprise also that according to the described system of claim 67 managerial personnel visit.
69. also comprise only solution visit according to the described system of claim 67.
70. being used to manage the method for non-judical dispute resolution may further comprise the steps:
Provide and keep an electrical interface, described interface provides multiple access type for the electron system structure, and this electron system structure receives, classification, and the storage data relevant with non-judical dispute resolution, be used for the FR execution and the management of non-judical dispute resolution program.
71. according to the described method of claim 70, wherein, described multiple access type is selected from comprising that the manager of programming visits the group of visiting with program user.
72. comprise also that according to the described method of claim 71 managerial personnel visit.
73. also comprise only solution visit according to the described method of claim 71.
74. being used to manage the method for non-judical dispute resolution comprises:
An addressable architecture is provided, and these architecture storage non-judical dispute resolution data also allow the described data of retrieval;
From the dispute a side or accept the non-judical dispute resolution data in many ways;
The described received data of storage in described architecture; And
Point out described each side to carry out the gamut of non-judical dispute resolution program.
75. according to the described method of claim 74, wherein, described architecture is an addressable hierarchical architecture, described addressable hierarchical architecture has manager of programming's visit and program user visit at least.
76. comprise that according to the described method of claim 75 manager of programming visits.
77. comprise also that according to the described method of claim 76 the described manager of programming of prompting selects from a plurality of optional actions.
78. according to the described method of claim 77, wherein, described a plurality of optional actions are selected from a group, this group comprises the interpolation additional user, revise already present user data, effective case is transferred to another user by a user, cancel the user, revise account register information, it is disputable to browse institute, generates detailed Dispute Report, generate disputable Top Line Report, browse the disputable draft resolution spare of institute and one or more the above motion combination.
79. according to the described method of claim 78, wherein, described manager of programming selects an action, retrieves related data thus from described architecture.
80. comprise the program user visit according to the described method of claim 75.
81. according to Claim 80 described method also comprise the prompting described program user from a plurality of options, select.
82. 1 described method according to Claim 8, wherein, described a plurality of options are selected from a group, this group comprises adds dispute, the response dispute, and it is disputable to browse institute, generate disputable Dispute Report, generate disputable Top Line Report and the combination of one or more described options.
83. 2 described methods according to Claim 8, wherein, described program user is selected an action, retrieves related data from described architecture.
84. comprise that according to the described method of claim 75 managerial personnel visit.
85. 4 described methods comprise that also the described managerial personnel of prompting select from a plurality of options according to Claim 8.
86. 5 described systems according to Claim 8, wherein, described a plurality of option is selected from a group, this group comprises that notice submitted to the each side of the dispute of system, wherein system request is responded, notify the user of settled dispute, dispute is designated effective status, generate preferential dispute tabulation, for system generates event report, provide the information of presenting the bill, for the one or more users in the system generate Top Line Report, it is normal to guarantee system's operation to generate Audit Report, or the combination of one or more described selections.
87. 6 described methods according to Claim 8, wherein, described managerial personnel select an action, retrieve related data from described architecture.
88. also comprise only solution visit according to the described method of claim 75.
89. also comprise according to the described method of claim 74 the operation support that is used with described non-judical dispute resolution program be provided.
90. 9 described methods according to Claim 8, wherein, described operation support is selected from a group, and this group comprises the report service, and service is explained in translation service, and structure solves arranges and combination that one or more described operation is supported.
91. also comprise the claim data storage and retrieval system according to the described method of claim 71.
92. according to the described method of claim 91, wherein, described claim data storage and retrieval system keeps and the relevant data of dispute resolution, and retrieves described data according to classification.
93. according to the described method of claim 92, wherein, described classification is selected from a group, this group comprises the descriptive nature of dispute, conciliate the amount of money, the site of an accident, type of injury, injured body part, sex, age, the combination of professional and one or more described classifications.
94. according to the described method of claim 91 also be included in selected will with disputable relevant data delivery give after the option of described storage and retrieval system, provide described claim data storage and retrieval system visit.
95. also comprise according to the described method of claim 94 and to remain the storage and retrieval system data secret.
96. according to the described method of claim 74, wherein, the gamut of described non-judical dispute resolution program comprises the tender type negotiation, reconcile, and arbitration, be a seamless in fact program array.
97. also comprise the tender type negotiation according to the described method of claim 96.
98. according to the described method of claim 97, wherein, described tender type consults to be the sealing tender negotiation.
99. according to the described method of claim 97, wherein, described tender type consults to consult for open for bids.
100. also comprise the described side's who points out described dispute a side or select brief introduction in many ways according to the described method of claim 97.
101. according to the described method of claim 100, wherein, described brief introduction is selected from the group that comprises plaintiff and defendant.
102. also comprise the described side's who points out described dispute a side or select the character of described dispute in many ways according to the described method of claim 100.
103. according to the described method of claim 102, wherein, the described character of described dispute is selected from a group, this group comprises loan, contract is built in business transaction, credit card, foreclosure, labour and employing, owner/tenant, lender debt, partnership contract, personal injury, professional liability, purchase and sale transaction, rent and borrow agreement, intellecture property is subrogated with the workman and is compensated.
104. also comprise the adversary of the described dispute of described side's selection that the described tender type of prompting execution is consulted according to the described method of claim 101, if described execution side is the plaintiff, then described adversary is described as defendant, if described execution side is defendant, then described adversary is described as the plaintiff.
105. according to the described method of claim 104, wherein, according to the described adversary of described data identification who stores in the described architecture.
106. comprise also if described side is the plaintiff that according to the described method of claim 104 the described side input requirement that described tender type is consulted is carried out in prompting, if or described side be defendant, the input proposal.
107. also comprise according to the described method of claim 106 and to notify described adversary, their response has been submitted and has been waited in described dispute to.
108. also comprise from described adversary according to the described method of claim 107 and to receive response.
109. also comprise if described adversary is the plaintiff according to the described method of claim 108, point out described adversary to import requirement, if or described adversary be defendant, point out described adversary to import proposal.
110. also comprise according to the requirement of the more described input of preselected standard and the proposal of described input according to the described method of claim 109, determined whether described dispute solves.
111. also comprise according to the described method of claim 110 and to notify described plaintiff and described defendant, whether described dispute solves.
112. according to the described method of claim 110, wherein, described preselected standard solves described dispute according to following train value:
If a) described requirement is lower than described proposal, then according to the value of described requirement; Perhaps
B) if described requirement within the preselected number percent of described proposal, then according to the mean value of described requirement and described proposal.
113. according to the described method of claim 112, wherein, described preselected number percent from about 5% to about 35%.
114. according to the described method of claim 110, wherein, described proposal comprises a higher limit and a lower limit, described higher limit and described lower limit constitute the resolution scope.
115. according to the described method of claim 114, wherein, described preselected standard solves described dispute according to following train value:
When a) if described requirement is between the described higher limit of described resolution scope and described lower limit, according to the value of described requirement; Perhaps
B) if when described lower limit is less than or equal in described requirement, according to the described lower limit of described resolution scope.
116. according to the described method of claim 115, wherein, described lower limit is a fixed value, and described higher limit is a changing value.
117. also comprise the execution conciliation according to the described method of claim 96.
118. also comprise the conciliation that responds described execution according to the described method of claim 117, will offer the peace-maker from the related data of described architecture.
119. according to the described method of claim 117, wherein, described conciliation is that real-time online is reconciled.
120. according to the described method of claim 117, wherein, described conciliation is not online conciliation.
121. according to the described method of claim 120, wherein, at least some evidences that need the peace-maker to consider will be by online submission.
122. also comprise the execution arbitration according to the described method of claim 96.
123. also comprise the arbitration that responds described execution according to the described method of claim 122, will offer the arbitrator from the related data of described architecture.
124. according to the described method of claim 122, wherein, described arbitration is the real-time online arbitration.
125. according to the described method of claim 122, wherein, described arbitration is not online arbitration.
126. according to the described method of claim 125, wherein, at least some evidences that need the arbitrator to consider will be by online submission.
127. also comprise the fee structure that provides to be used to handle and use described system according to the described method of claim 74.
128. according to the described method of claim 127, wherein, described fee structure is resolved from financial award, and from the non-resolution of financial punishment.
129. being used to manage the method for non-judical dispute resolution comprises:
The access schemes structure, these architecture storage non-judical dispute resolution data, and allow the described data of retrieval;
Input non-judical dispute resolution data also store in the described architecture; And the gamut of carrying out the non-judical dispute resolution program.
130. according to the described method of claim 129, wherein, described architecture is an addressable hierarchical architecture, described addressable hierarchical architecture has manager of programming's visit and program user visit at least.
131. also comprise with manager of programming's identity according to the described method of claim 130 and to visit described architecture.
132. also comprise from described a plurality of optional actions according to the described method of claim 131 and to select, so as from described architecture retrieve relevant data.
133. according to the described method of claim 132, wherein, described a plurality of optional actions are selected from a group, this group comprises the interpolation additional user, revise already present user data, effective case is transferred to another user by a user, cancel the user, revise account register information, it is disputable to browse institute, generates the detailed Dispute Report of one or more disputes, generate disputable Top Line Report, browse the disputable draft resolution spare of institute and one or more the above motion combination.
134. also comprise with the program user identity according to the described method of claim 130 and to visit described architecture.
135. also comprise from described a plurality of options according to the described method of claim 134 and to select, so as from described architecture retrieve relevant data.
136. according to the described method of claim 135, wherein, described a plurality of options are selected from a group, this group comprises adds dispute, the response dispute, and it is disputable to browse institute, generate disputable Dispute Report, generate disputable Top Line Report and the combination of one or more described options.
137. also comprise only solution visit according to the described method of claim 130.
138. also comprise the operation support that selection and described non-judical dispute resolution program are used according to the described already present method of claim 129.
139. according to the described method of claim 138, wherein, described operation support is selected in a group, this group comprises the report service, and service is explained in translation service, one or more combination that the structure solution is arranged and described operation is supported.
140. according to the described method of claim 129 also comprise selection will with disputable relevant data delivery give described storage and retrieval system.
141. according to the described method of claim 140, wherein, described storage and retrieval system keeps and the relevant data of dispute resolution, and retrieves described data according to classification.
142. according to the described method of claim 141, wherein, described storage and retrieval classification are selected from a group, this group comprises the descriptive nature of dispute, conciliate the amount of money, the site of an accident, type of injury, injured body part, sex, age, one or more combination of professional and described classification.
143. according to the described method of claim 140 also be included in selected will with disputable relevant data delivery give after the option of described storage and retrieval system, visit described claim data storage and retrieval system.
144. according to the described method of claim 143, wherein, described storage and retrieval system data remain secret.
145. according to the described method of claim 129, wherein, the gamut of described non-judical dispute resolution program comprises the tender type negotiation, reconcile, and arbitration, be a seamless in fact program array.
146. comprise also that according to the described method of claim 145 carrying out tender type consults.
147. according to the described method of claim 146, wherein, it is a negotiation that sealing is submitted a tender that described tender type is consulted.
148. according to the described method of claim 146, wherein, it is the negotiation of an open for bids that described tender type is consulted.
149. also comprise the selection brief introduction according to the described method of claim 146.
150. according to the described method of claim 149, wherein, described brief introduction is selected from the group that comprises plaintiff and defendant.
151. also comprise the character of selecting described dispute according to the described method of claim 150.
152. according to the described method of claim 151, wherein, the described character of described dispute is selected from a group, this group comprises loan, contract is built in business transaction, credit card, foreclosure, labour and employing, owner/tenant, lender debt, partnership contract, personal injury, professional liability, purchase and sale transaction, rent and borrow agreement, intellecture property is subrogated with the workman and is compensated.
153. also comprise the adversary who discerns described dispute according to the described method of claim 150.
154. also comprise if the brief introduction of described selection is the plaintiff according to the described method of claim 153, then import requirement, if perhaps the brief introduction of described selection is defendant, then input is proposed.
155. also comprise according to the described method of claim 154 and to notify described adversary, their response has been submitted and has been waited in described dispute to.
156. also comprise from described adversary according to the described method of claim 155 and to receive response.
157. comprise also that according to the described method of claim 156 receiving described adversary responds the requirement that input is proposed, or receive the proposal that described adversary responds the input requirement.
158. also comprise according to the requirement of the more described input of preselected standard and the proposal of described input according to the described method of claim 157, determined whether described dispute solves.
159. according to the described method of claim 158, wherein, described preselected standard solves described dispute according to following train value:
If a) described requirement is lower than described proposal, then according to described requirement; Perhaps
B) if described requirement within the preselected number percent of described proposal, then according to the mean value of described requirement and described proposal.
160. according to the described method of claim 159, wherein, described preselected number percent from about 5% to about 35%.
161. according to the described method of claim 160, wherein, described proposal comprises a higher limit and a lower limit, described higher limit and described lower limit constitute the resolution scope.
162. according to the described method of claim 161, wherein, described preselected standard solves described dispute according to following train value:
When a) if described requirement is between the described higher limit of described resolution scope and described lower limit, according to the value of described requirement; Perhaps
B) if when described lower limit is less than or equal in described requirement, according to the described lower limit of described resolution scope.
163. according to the described method of claim 162, wherein, described lower limit is a fixed value, and described higher limit is a changing value.
164. also comprise the execution conciliation according to the described method of claim 145.
165. also comprise the conciliation that responds described execution according to the described method of claim 164, will offer the peace-maker from the related data of described architecture.
166. according to the described method of claim 164, wherein, described conciliation is that real-time online is reconciled.
167. according to the described method of claim 164, wherein, described conciliation is not online conciliation.
168. according to the described method of claim 167, wherein, at least some evidences that need the peace-maker to consider will be by online submission.
169. also comprise the execution arbitration according to the described method of claim 145.
170. also comprise the arbitration that responds described execution according to the described method of claim 169, will offer the arbitrator from the related data of described architecture.
171. according to the described method of claim 169, wherein, described arbitration is the real-time online arbitration.
172. according to the described method of claim 169, wherein, described arbitration is not online arbitration.
173. according to the described method of claim 172, wherein at least some evidences that need the arbitrator to consider will be by online submission.
174. being used to manage the method for non-judical dispute resolution comprises:
Respond performed non-judical dispute resolution routine access architecture, described architecture can store the non-judical dispute resolution data with retrieving;
The non-judical dispute resolution data that input is additional can store it in described architecture into with retrieving, and use in the resolution procedure of described execution.
175. according to the described method of claim 174, wherein, described architecture is a hierarchical architecture, described hierarchical architecture has manager of programming's visit and program user visit at least.
176. also comprise with manager of programming's identity according to the described method of claim 175 and to visit described architecture.
177. also comprise from described a plurality of optional actions according to the described method of claim 176 and to select, so as from described architecture retrieve relevant data.
178. according to the described method of claim 177, wherein, described a plurality of optional actions are selected from a group, this group comprises the interpolation additional user, revise already present user data, effective case is passed to another user by a user, cancel the user, revise account register information, it is disputable to browse institute, generate disputable detailed Dispute Report, generate disputable Top Line Report, browse the disputable draft resolution spare of institute and one or more the above motion combination.
179. also comprise with the program user identity according to the described method of claim 175 and to visit described architecture.
180. also comprise from described a plurality of options according to the described method of claim 179 and to select, so as from described architecture retrieve relevant data.
181. according to the described method of claim 180, wherein, described a plurality of options are selected from a group, this group comprises adds dispute, the response dispute, and it is disputable to browse institute, generate disputable Dispute Report, generate disputable Top Line Report and the combination of one or more described options.
182. also comprise only solution visit according to the described method of claim 175.
183. according to the described method of claim 174, wherein, the non-judical dispute resolution program of described execution comprises that tender type consults, reconcile and arbitration in one or more.
184. being used to manage the method for non-judical dispute resolution comprises:
The access schemes structure, this architecture stores the non-judical dispute resolution data, described non-judical dispute resolution data relate to two sides or in many ways between dispute;
Examine the data of described storage, whether decision needs action;
From a plurality of options, select, in order to from described architecture, to retrieve relevant data.
185. according to the described method of claim 184, wherein, described option is selected from a group, this group comprises that notice submitted to the each side of the dispute of system, and wherein, system request is responded, notify the each side of settled dispute, dispute is designated effective status, generates preferential dispute tabulation, generate event report, the information of presenting the bill is provided, for any or all of account in the system generates Top Line Report, generate the combination of Audit Report and one or more described selections.
CN 00807332 1999-05-11 2000-05-11 System and method for providing complete non-judical dispute resolution management and operation Pending CN1352777A (en)

Applications Claiming Priority (12)

Application Number Priority Date Filing Date Title
US13344199P 1999-05-11 1999-05-11
US60/133,441 1999-05-11
US14165099P 1999-06-29 1999-06-29
US60/141,650 1999-06-29
US14515899P 1999-07-22 1999-07-22
US60/145,158 1999-07-22
US14667799P 1999-08-02 1999-08-02
US60/146,677 1999-08-02
US15616999P 1999-09-27 1999-09-27
US60/156,169 1999-09-27
US17713300P 2000-01-20 2000-01-20
US60/177,133 2000-01-20

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CA (1) CA2373168A1 (en)
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