WO2002007063A9 - Web-enabled method and system for managing remote dispute resolution - Google Patents

Web-enabled method and system for managing remote dispute resolution

Info

Publication number
WO2002007063A9
WO2002007063A9 PCT/US2001/022085 US0122085W WO0207063A9 WO 2002007063 A9 WO2002007063 A9 WO 2002007063A9 US 0122085 W US0122085 W US 0122085W WO 0207063 A9 WO0207063 A9 WO 0207063A9
Authority
WO
WIPO (PCT)
Prior art keywords
session
participants
mediator
mediation
dispute resolution
Prior art date
Application number
PCT/US2001/022085
Other languages
French (fr)
Other versions
WO2002007063A8 (en
WO2002007063A1 (en
Inventor
Henry A Seiden
Original Assignee
Henry A Seiden
Priority date (The priority date is an assumption and is not a legal conclusion. Google has not performed a legal analysis and makes no representation as to the accuracy of the date listed.)
Filing date
Publication date
Application filed by Henry A Seiden filed Critical Henry A Seiden
Priority to AU2001277881A priority Critical patent/AU2001277881A1/en
Publication of WO2002007063A1 publication Critical patent/WO2002007063A1/en
Publication of WO2002007063A8 publication Critical patent/WO2002007063A8/en
Publication of WO2002007063A9 publication Critical patent/WO2002007063A9/en

Links

Classifications

    • GPHYSICS
    • G07CHECKING-DEVICES
    • G07FCOIN-FREED OR LIKE APPARATUS
    • G07F17/00Coin-freed apparatus for hiring articles; Coin-freed facilities or services
    • G07F17/32Coin-freed apparatus for hiring articles; Coin-freed facilities or services for games, toys, sports, or amusements
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q10/00Administration; Management
    • G06Q10/10Office automation; Time management
    • GPHYSICS
    • G06COMPUTING; CALCULATING OR COUNTING
    • G06QINFORMATION AND COMMUNICATION TECHNOLOGY [ICT] SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES; SYSTEMS OR METHODS SPECIALLY ADAPTED FOR ADMINISTRATIVE, COMMERCIAL, FINANCIAL, MANAGERIAL OR SUPERVISORY PURPOSES, NOT OTHERWISE PROVIDED FOR
    • G06Q50/00Systems or methods specially adapted for specific business sectors, e.g. utilities or tourism
    • G06Q50/10Services
    • G06Q50/18Legal services; Handling legal documents
    • G06Q50/188Electronic negotiation
    • GPHYSICS
    • G07CHECKING-DEVICES
    • G07FCOIN-FREED OR LIKE APPARATUS
    • G07F17/00Coin-freed apparatus for hiring articles; Coin-freed facilities or services
    • G07F17/32Coin-freed apparatus for hiring articles; Coin-freed facilities or services for games, toys, sports, or amusements
    • G07F17/3202Hardware aspects of a gaming system, e.g. components, construction, architecture thereof
    • G07F17/3223Architectural aspects of a gaming system, e.g. internal configuration, master/slave, wireless communication
    • GPHYSICS
    • G07CHECKING-DEVICES
    • G07FCOIN-FREED OR LIKE APPARATUS
    • G07F17/00Coin-freed apparatus for hiring articles; Coin-freed facilities or services
    • G07F17/32Coin-freed apparatus for hiring articles; Coin-freed facilities or services for games, toys, sports, or amusements
    • G07F17/3286Type of games
    • G07F17/329Regular and instant lottery, e.g. electronic scratch cards
    • HELECTRICITY
    • H04ELECTRIC COMMUNICATION TECHNIQUE
    • H04NPICTORIAL COMMUNICATION, e.g. TELEVISION
    • H04N7/00Television systems
    • H04N7/14Systems for two-way working
    • H04N7/141Systems for two-way working between two video terminals, e.g. videophone
    • H04N7/148Interfacing a video terminal to a particular transmission medium, e.g. ISDN

Definitions

  • This invention relates to a computerized system and method for
  • this invention relates to a
  • ADR dispute resolutions
  • on-line mediation typically occurs over the course of days or weeks.
  • Another object of this invention is to provide a web-enabled or on ⁇
  • Another object of this invention is to provide a web-enabled or on- line ADR tool that employs video conferencing for viewing by respective participants and the mediator via a web browser.
  • Another object of this invention is to provide a web-enabled or on-
  • Another object of this invention is to provide a web-enabled or on ⁇
  • the present invention provides ADR
  • the ADR method and system of the present invention allows quick and easy access to impartial mediators
  • the ADR method and system of the present invention allows the following
  • parties to (1) schedule a dispute resolution session e.g., early neutral evaluation, mediation, arbitration, etc.; (2) participate in a real-time negotiations with multi-parties, or privately in caucuses, under the direction of the evaluator, mediator or arbiter; (3) display pictures,
  • the scheduling module of the ADR method More particularly, the scheduling module of the ADR method and
  • system of the present invention facilitates locating one or more mediators
  • the database may be stored in a database based on predefined parameters.
  • the database may be
  • mediators' name may be responsive to a suitable server, each part of a web site managed and operated by the provider of the present invention.
  • predefined parameters may be mediators' name, mediators' specialty or
  • the scheduling module further includes means for finding an open
  • the storage module of the ADR method and system of the present invention is configured to store data indicative of a mutually agreed time
  • the mediation-conducting module of the ADR method and system of the present invention allows respective participants from diverse locations to log into a specific session and participate therein through the use of respective audio/video conferencing devices that display video in on-screen
  • the mediation-conducting module further allows the mediator responsible for that specific session to selectively turn respective audio/visual conferencing windows off or on of the respective participants as the mediation session progresses.
  • the mediator may desire to communicate during respective portions of the mediation in
  • conferencing communication devices comprise devices configured to
  • the mediation-support module of the ADR method and system of the present invention allows respective participants to scan, transmit and
  • the settlement module of the ADR method and system of the present invention allows a subscriber to generate respective settlement/release documents including, if desired, initiation of funds transfers via a virtual bank.
  • the billing module of the ADR method and system of the present invention allows for tracking system usage so as to generate billing charges to respective participants and to tender payment to the mediator for services rendered.
  • the billing process may be initiated as part of the booking action.
  • invention allows student and/or participants users to sign up and receive
  • the ADR method and system of the present invention can be any type of the ADR method and system of the present invention.
  • the present invention can also be embodied in the form of computer program code, for example, whether stored in a storage medium, loaded into and/or executed by a computer, or transmitted over some
  • Fig. 1 comprises the various exemplary pages of the web site of the
  • Fig. 2 is a diagram showing the conferencing structure of the
  • Fig. 3 is a diagram showing the user flow in accordance with the
  • Fig. 4 is a structural diagram showing the preferred implementation of the invention.
  • Fig. 5 is a database table diagram in accordance with the invention.
  • Fig. 6 is a diagram showing the Internet and application framework
  • Fig. 7 is a diagram showing the networking framework of the preferred embodiment of the invention.
  • Fig. 8 is a diagram showing the scheduling flow in accordance with the invention. DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT
  • the ADR method and system of the present invention is web-
  • Controllers are the evaluators, mediators, and arbiters who are registered with the system and for whom schedules are maintained in the system. These are the parties who control the mediation process via the
  • mediators are individuals who teach courses via the web application to students to learn how to utilize the ADR method and system of the invention. Collectively, mediators and trainers are referred to as Controllers.
  • the term "mediator” may be used interchangeably with
  • Controller is defined to include evaluators and arbiters. Participants are the subscribers (individuals or corporations) who have subscribed to the system. They are the parties participating in a mediation with the mediator. They pay the Administrator of the ADR
  • the content may include the following exemplary content:
  • Software demonstration a self-running demonstration of the mediation functions.
  • Contact us for general information, about training courses and
  • On-line help - allows any participant to view a help function that
  • a table of contents at the beginning and an index at the end provide hyperlink functionality to key information.
  • FAQ - a list of frequently asked questions is structured similar to
  • the help function including a list of questions hyper linked to the answer
  • a specialty may be selected from a drop down list, and the system
  • mediators who work in that specialty will display a list of mediators who work in that specialty. Once a list is displayed, the user may select a mediator whereupon that mediator's calendar is displayed (see below).
  • mediators are selected, their calendar is displayed in graphic format showing the hours that are available for the current week.
  • the user has the option to move forward or backward a week at a time.
  • calendars for all mediators of that specialty are displayed in graphic format showing the hours that are available for the current week. If there are
  • the user has the option to move forward or backward a week at a time
  • the system will display all new calendars for all members of the group for each week moved forward or backward by the user.
  • system initiates the billing process for the number of hours booked.
  • the system confirms the booking by changing the display to the review schedule display with the newly booked
  • the system also displays the ID and password that
  • a student may display a list of classes available. Once a class is selected, the calendars for all trainers of that class are displayed in graphic format showing the hours that are available for the current week. The user has
  • selected class indicates the number of hours that must be booked to
  • the system e-mails the receipt
  • the system gives the user the option of transferring funds with an
  • the system e-mails the receipt information including the class schedule.
  • the system gives the user the option of transferring funds with an on-line bank or paying with a credit card.
  • the system e-mails the receipt information including the class schedule.
  • the system displays a confirmation message. After the user confirms the deletion, the system marks the item
  • the system also e-mails the cancellation information and indicates that a credit will be forthcoming. An e-mail notification is sent from the system to the Administrator that a credit is required.
  • Administrators may also display current scheduled times for a mediator or trainer. The user selects the item to cancel, and the system displays a
  • the user may book a time slot by
  • the system confirms the booking by
  • Review Schedule - Subscribers may display all booked sessions for the logged in subscriber in list format. List shows all detail for each
  • Mediators may also display all booked sessions for the logged in mediator in graphic calendar format. Booked sessions will be displayed as links, which will open a page showing the details of the booked session.
  • aggregate graphic calendar will display the number of sessions scheduled for each hourly block. The number of sessions will be displayed as a link,
  • video cameras and audio of each participant Preferably, video and audio
  • Each subscribing party may be provided a fax
  • a PowerPoint Presentation The mediator controls the ability for any party to present a PowerPoint presentation. When the party is given control, all screens preferably display only the presentation
  • party may present digitized video to the other parties.
  • the camera may be controlled to automatically to point to speakers. No software camera control will be provided.
  • mediator's calendar is displayed in graphic format showing the hours that
  • the user has the option to move forward or backward a week at a time.
  • the user may book a time slot by selecting start and end times and confirming the demographic and billing information for the participating parties (this data need not be re-entered,
  • the system initiates the
  • the system confirms the booking by changing the display to
  • Dismissal Document- A settlement, release and/or dismissal document may be created by the subscriber either as a handwritten document to be
  • mediation may be via fax machine, scanner, e-mail or using the file upload tool.
  • the subscriber may initiate a funds transfer or credit card payment upon confirmation of a scheduled session.
  • This document may be created by the mediator via word processing software. Templates for standard documents may be provided.
  • the system calculates the required charges for each subscriber.
  • the formula for charges to each subscriber is: Hours Booked X Hourly Rate / Number Of Subscribers Participating. Fees for classes are not split, but are fixed for the class session. Fees may be paid by the scheduler in
  • the fee for the class is displayed in the confirmation e-mail.
  • the form may be provided to allow the mediator to prepare a report covering the resolution of the mediation.
  • the form will be built with subscriber information already filled in. Typical answers will be pre-coded, and fill-in-
  • the-blank will be used for additional information.
  • Administrator Initiates Funds Transfer Via On-line Bank or Clearinghouse or Credit Card Transaction For Credits — Administrator may select the subscriber and mediation ID and password or student and class to receive the credit. Data for the funds transfer were entered as a
  • Bank/Clearinghouse To Pay Mediator - Data for the funds transfer were entered as a part of the registration/scheduling process and therefore the funds transfer may occur electronically.
  • the subscriber may branch to the
  • mediator's calendar from the mediator's bio page.
  • Training Functions Requiring Login
  • the list of courses will include course title, prerequisites, and list of instructors as directed.
  • Registration And Profile Maintenance - Mediators, students, and subscribers may register through the on-line registration function.
  • the function provides information about registration and allows the user to
  • An appropriate security code will be carried in the database to confirm a user's identity.
  • Mediator schedules may be built to for up to one year in the
  • Trainers maintain their schedule of courses by using a calendar function similar to a mediation calendar. Once logged onto the system, the trainer selects the scheduling function and displays their calendar a week at a
  • Mediator Maintains Data - Once the user has logged in and selects the maintenance function they are brought to the maintenance screen that
  • ADR method and system of the present invention is designed for growth with room for expansion including room for more buttons across the top and at the left for expansion.
  • the interface is designed for speed with no rich, heavy graphics or gradients. DHTML is used in certain areas to
  • DHTML when rolling over Book Mediation because the four different ways to book a mediation, training or conference session - by time and date, by location, by controller (Mediator, trainer, etc.). Rolling over Find a
  • Mediator/Trainer also reveals a DHTML drop down menu.
  • the header at the top of the content area indicates the major section and a specific
  • the footer is a
  • HTML footer that serves no other purpose than to
  • left navigation bar is very flexible. Space under the buttons is provided to accommodate any number of focus areas such as quick links to News &
  • Advertisements or banner ads and customer pulled quotes may be
  • the focus areas are designed to accommodate any number of quick
  • the quick access icons across the top are designed to be quick access to the functional sections of the site.
  • the viewers famihar with the site may use these icons to access secured
  • the mediation tool In the preferred embodiment of the web site, the mediation tool
  • the title bar contains the
  • the video widows are preferably located across the top with three of
  • Each widow has a title bar that displays the name of that
  • the mediator has a slightly different interface in that he or she has the ability to turn the audio/video of each participant on
  • a small circular button is located on the top right
  • the mediator may click this button to shut off a participant's window.
  • the button will change from green to red.
  • the Instant Message button is positioned directly below the self-
  • the file sharing takes place below the video windows in a frame set.
  • the left frame is a hst of available files to download.
  • the right frame is
  • buttons in file sharing as well as the other elements in the mediation tool remain
  • Scheduling Process Design The process of scheduling a mediation, training or conferencing
  • Drop-down menus are preferably used to choose various categories — pick a date, pick a time, pick a mediator,
  • the E-mail system is a scheduling and billing confirmation system
  • the controller and session participants receive the first e-mail
  • the Mail Relay is a simple
  • All members are preferably pre-enrolled in the system in order to
  • enrollment may dissipate.
  • a set of custom forms will be designed and created to facilitate end-user driven member registration requests.
  • release of the product may be conducted over an SSL-encrypted connection utilizing an approved clearinghouse for all purchase verification and transaction processing.
  • On-line banking may be conducted over an SSL-encrypted connection utilizing an approved clearinghouse for all purchase verification and transaction processing.
  • SSL Secure Sockets Layer
  • the presentation layer (page look/feel and services),
  • Web clients make requests from web servers, which (a) interpret
  • the client layer is the collection of various hardware and software
  • the computer comprises:
  • the presentation layer comprises the technologies responsible for
  • ADO ActiveX Data Objects
  • the server To allow users to upload files over their Internet connection, the server must also have an upload program, such as the Software Artisans SA-FileUp, installed.
  • an upload program such as the Software Artisans SA-FileUp
  • the business logic layer defines most of the rules that govern
  • the Admission Center validates mediation participants with a seven-part ticket verification process to
  • system of the invention allows controlled "break-away sessions" or caucuses where a sole controller (the mediator) may control
  • the presentation layer connects
  • the Resource Layer Comprises Raw Data — In databases,
  • CUSeeMe Conferencing Server also requires a Windows NT/2000 Server.
  • the users table is the primary table for user records; there is one entry per system user, no matter what type of user (mediator, end-user,
  • the mediators table extends the users table, and holds any
  • the mediator_availabilities table contains time slots for which a
  • mediator_specialties table contains one entry per specialty -
  • the mediator_locations table contains one entry per location for
  • mediator_mediator_specialty_map and mediator_mediator__location_map tables contain one entry per
  • mediator/specialty or mediator/location combination of mediator/specialty or mediator/location.
  • the mediation_files table holds information about each file
  • a mediation participant e.g., file name, user-given name, size, location.
  • the business logic layer talks with the resource layer through the ADO Command object (which allows
  • the hardware and application framework layer comprises the physical equipment and software to run the service - including the servers, databases, conferencing and operational applications, operating
  • Hardware and Application Framework Layer - There are four
  • the major components comprise the following:
  • the public server contains general access pages (home,
  • the conferencing server is designated as a dedicated system tuned and assembled to handle all mediation
  • conferencing server is capable of handling up to 12
  • the database server is designated as a dedicated system tuned and assembled to handle all data storage
  • Application Requirements -the following apphcation preferences are the basis for most of the core functions of the site. These applications are used in two areas: the back-end web, conferencing and database server and an end-users conferencing station. Server applications
  • Database - Microsoft SQL Server 7 Web Server - Microsoft Internet Information Server 5.0 Videoconferencing - CUSeeMe Conference Server 5.0 Software Artisans SA-FileUp Email System - IIS Mail Relay
  • Firewall 1 for public site and conference server protection
  • Firewall 2 for securing access between the public server, the conference server and the database
  • the content of the actual mediations is extremely sensitive and highly confidential.
  • the ADR system and method of the invention enforces
  • Audio and video streams are maintained private by: requiring session-level access codes (one code per
  • Both session-level and user-level access codes are 168-bit (21-byte)
  • the data streams that carry the encoded control, audio, and video signals are encrypted (with a proprietary encryption scheme) to prevent interception or tampering.
  • each member's profile is visible to only that member or subscriber administrator and the contents of a mediation (the
  • VPN Virtual Network
  • SSL Secure Sockets Layer
  • e.g. credit card billing may be conducted over an SSL- encrypted connection utilizing an approved clearinghouse for all purchase verification and transaction processing. While credit card information is
  • this sensitive information may be sent over an SSL (Secure Sockets Layer) encrypted connection.
  • SSL Secure Sockets Layer
  • a valid credit card string 21-digits for VISA
  • the functionality of the web site may be any one of the web site.
  • the functionality of the web site may be any one of the web site.
  • mediations/training/conferences by: (a) starting and ending times for the particular type of session and (b) a specific mediator/trainer/conference host.
  • the site allows the user to select these items in either order, and these are referred to within the site architecture as schedule-by-time and
  • mediation conferencing and training allows users to search for mediators by location and
  • the user may invite up to
  • credentials consist of a session identifier (for the particular mediation),
  • the e-mail message sent to the scheduling user contains confirmation of the billing details, but this information is not sent to the
  • confirmation e-mail will be sent out to the mediating parties (scheduling user plus invitees) and the mediator.
  • the confirmation e-mail will contain
  • the mediator or trainer does not participate in the scheduling process - he/she does not receive an initial invitation, nor does he/she
  • the mediator or trainer is only notified if all participants accept
  • buttons that allow them to turn on and off video individuals.
  • mediators or trainers must be able to meet with each participant privately (hidden from the other participants), the mediator needs to be able to activate and de ⁇
  • a conference host does initiate the conference process by sending an invitation as described above to participants, who are notified and accept in the same manner described above. This is accomplished by including, above each participant's video
  • a small colored button that toggles that participant's status.
  • a green button indicates that a participant is sending and receiving
  • a red button indicates that a participant is currently disabled.
  • the Mediation tool is the window that houses the core features
  • Authorized users may administer their account information in a self-service area,
  • Self-service areas allow authorized users to administer and edit their availability, profile information and biographical information as necessary. This will be accomplished by allowing authorized users to login to a secured environment and edit only

Abstract

A web-enabled or on-line ADR method and system that permits businesses and litigants to engage in dispute resolution totally online. Unlike known online ADR methods summarized above which primarily engage in e-mail exchanges, the present invention provides ADR services through the use of customized video conferencing being integrated into the system to allow participation in the ADR process in real-time and face-to-face via video conferencing (fig. 6).

Description

WEB-ENABLED METHOD AND SYSTEM FOR MANAGING REMOTE DISPUTE RESOLUTION
CROSS-REFERENCE TO RELATED APPLICATIONS This application claims priority from U.S. regular utility application
filed July 13, 2001 (Serial Number unknown), from provisional
application, Serial Number 60/218,395, filed July 14, 2000 and from
provisional application, Serial Number 60/280,037, filed March 30, 2001,
the disclosures of all three of which are hereby incorporated herein.
BACKGROUND OF THE INVENTION Field of the Invention
This invention relates to a computerized system and method for
managing dispute resolution. More particularly, this invention relates to a
web-enabled method and system for remotely managing and conducting real time audiovisual interaction among multiple parties participating in a
dispute resolution session.
Description of the Background Art Alternative dispute resolutions (ADR) generally include early neutral evaluations, mediations, and non-binding arbitrations. Due to the high rate of success in reaching settlement, one or more of these types of ADR are employed in virtually all litigation. Historically, ADRs are conducted in-person. Conducting ADRs by
means of video conferencing is sometimes employed to minimize travel
costs. In recent years, web-enabled or on-line mediation tools have become available. Most on-line mediations utilize e-mail for scheduling the
mediation and then actually conducting the mediation. Unfortunately,
since the process is conducted by sending and responding to e-mails, an
on-line mediation typically occurs over the course of days or weeks. To
minimize these drawbacks, most on-line mediation systems impose time limitations for responding to each e-mail communication. Similar difficulties are encountered in attempting to draft and revise a settlement
agreement by e-mail exchanges.
Examples of known on-line mediation systems, but which do no
necessarily constitute prior art to the present invention, include http://www.mediate-net.org/ and htt ://www .clicknsettle .com/. The latter
of these, htt ://w w. clicknsettle . com/, has recently announced plans for
integrating video conferencing into its on-line mediations. However, the details of such integration have not yet been published.
Therefore, it is an object of this invention to provide an improvement which overcomes the aforementioned inadequacies of
current web-enabled or on-line ADR systems and provides an improvement which is a significant contribution to the advancement of the
art. Another object of this invention is to provide a web-enabled or on¬
line ADR tool that eliminates or minimizes the use of e-mail to conduct the
mediation.
Another object of this invention is to provide a web-enabled or on- line ADR tool that employs video conferencing for viewing by respective participants and the mediator via a web browser.
Another object of this invention is to provide a web-enabled or on-
line ADR tool that enables respective participants to log into a dispute
resolution session being conducted by a mediator.
Another object of this invention is to provide a web-enabled or on¬
line ADR tool that enables a dispute resolution session to be controlled by a mediator who may selectively activate and deactivate audio visual
communication devices accessible to each participant thereby allowing
private caucuses with the respective participants. The foregoing has outlined some of the pertinent objects of the invention. These objects should be construed to be merely illustrative of some of the more prominent features and applications of the intended
invention. Many other beneficial results can be attained by applying the
disclosed invention in a different manner or modifying the invention
within the scope of the disclosure. Accordingly, other objects and a fuller understanding of the invention may be had by referring to the summary of the invention and the detailed description of the preferred embodiment in addition to the scope of the invention defined by the claims taken in
conjunction with the accompanying drawings.
SUMMARY OF THE INVENTION
For the purpose of summarizing the invention, the invention
comprises a web-enabled or on-line ADR method and system that permits
businesses and litigants to engage in dispute resolution totally online. Moreover, unlike known online ADR methods summarized above which
primarily engage in e-mail exchanges, the present invention provides ADR
services through the use of customized video conferencing being integrated
into the system to thereby participate in the ADR process in real-time and
face-to-face via video conferencing. Thus, the ADR method and system of the present invention allows quick and easy access to impartial mediators
for dispute resolution anywhere, with anyone in the world, without the
delay, trouble and expense of travel.
The ADR method and system of the present invention allows the
parties to (1) schedule a dispute resolution session, e.g., early neutral evaluation, mediation, arbitration, etc.; (2) participate in a real-time negotiations with multi-parties, or privately in caucuses, under the direction of the evaluator, mediator or arbiter; (3) display pictures,
PowerPoint presentations or video; and (4) conclude negotiations with
electronic transmittal of settlement documents and payment. Thus, as can be appreciated, every major aspect of existing traditional and increasingly popular mediation processes are featured in the present invention in a
virtual environment, while preserving the personal dynamics of communication and making scheduling and meeting more efficient and less costly.
More particularly, the scheduling module of the ADR method and
system of the present invention facilitates locating one or more mediators
stored in a database based on predefined parameters. The database may
be responsive to a suitable server, each part of a web site managed and operated by the provider of the present invention. Examples of the predefined parameters may be mediators' name, mediators' specialty or
both. The scheduling module further includes means for finding an open
date/time for one or more mediators, and for booking a mediator for an
available date/time.
The storage module of the ADR method and system of the present invention is configured to store data indicative of a mutually agreed time
and date for conducting the mediation session including a respective
mediator for conducting the mediation session.
The mediation-conducting module of the ADR method and system of the present invention allows respective participants from diverse locations to log into a specific session and participate therein through the use of respective audio/video conferencing devices that display video in on-screen
windows. The mediation-conducting module further allows the mediator responsible for that specific session to selectively turn respective audio/visual conferencing windows off or on of the respective participants as the mediation session progresses. By way of example, the mediator may desire to communicate during respective portions of the mediation in
private caucuses (e.g., privately with a first participant alone and then
privately with a second participant). Thus, the system allows the mediator
to turn off the audio/visual conferencing window of the second participant
while privately caucusing with the first participant, and visa versa. In the preferred embodiment of the present invention, the audio/visual
conferencing communication devices comprise devices configured to
securely communicate over the Internet through the use of browsers.
The mediation-support module of the ADR method and system of the present invention allows respective participants to scan, transmit and
display on-screen documents, photographs, Power Point presentations and
other electronically formatted files that may be presented by respective
participants of the mediation.
The settlement module of the ADR method and system of the present invention allows a subscriber to generate respective settlement/release documents including, if desired, initiation of funds transfers via a virtual bank.
The billing module of the ADR method and system of the present invention allows for tracking system usage so as to generate billing charges to respective participants and to tender payment to the mediator for services rendered. By way of example, the billing process may be initiated as part of the booking action. The training module of the ADR method and system of the present
invention allows student and/or participants users to sign up and receive
any desired training.
The ADR method and system of the present invention can be
embodied in the form of computer-implemented processes and apparatuses
for practicing those processes. The present invention can also be embodied
in the form of computer program code containing computer-readable instructions embodied in tangible media, such as floppy diskettes, CD-
ROMs, hard drives, or any other computer-readable storage medium,
wherein, when the computer program code is loaded into and executed by
a computer, the computer becomes an apparatus for practicing the invention. The present invention can also be embodied in the form of computer program code, for example, whether stored in a storage medium, loaded into and/or executed by a computer, or transmitted over some
transmission medium, such as over electrical wiring or cabling, through
fiber optics, or via electromagnetic radiation, wherein, when the computer program code is loaded into and executed by a computer, the computer becomes an apparatus for practicing the invention. When implemented on a general-purpose computer, the computer program code segments
configure the computer to create specific logic circuits or processing modules.
The foregoing has outlined rather broadly the more pertinent and important features of the present invention in order that the detailed description of the invention that follows may be better understood so that
the present contribution to the art can be more fully appreciated.
Additional features of the invention will be described hereinafter which
form the subject of the claims of the invention. It should be appreciated by those skilled in the art that the conception and the specific embodiment
disclosed may be readily utilized as a basis for modifying or designing
other structures for carrying out the same purposes of the present
invention. It should also be realized by those skilled in the art that such
equivalent constructions do not depart from the spirit and scope of the invention as set forth in the appended claims.
BRIEF DESCRIPTION OF THE DRAWINGS
For a fuller understanding of the nature and objects of the invention, reference should be had to the following detailed description
taken in connection with the accompanying drawings in which:
Fig. 1 comprises the various exemplary pages of the web site of the
employing the invention; .
Fig. 2 is a diagram showing the conferencing structure of the
system of the invention;
Fig. 3 is a diagram showing the user flow in accordance with the
invention;
Fig. 4 is a structural diagram showing the preferred implementation of the invention;
Fig. 5 is a database table diagram in accordance with the invention;
Fig. 6 is a diagram showing the Internet and application framework
of the preferred embodiment of the invention;
Fig. 7 is a diagram showing the networking framework of the preferred embodiment of the invention; and
Fig. 8 is a diagram showing the scheduling flow in accordance with the invention. DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENT
The ADR method and system of the present invention is web-
enabled allowing for online access via the Internet by participants through
the use of a web browser. The architecture and application framework for the web site is set forth in the following technical specifications to provide
a high-level overview of the web site, including interface, structure,
existing features and functions, and the underlying technology (hardware
and software) infrastructure.
OVERVIEW OF THE WEB SITE Description of Actors and Target Users
Initially, for the purpose of better understanding the ADR method
and system of the present invention, there exist three defined users:
Controllers, Participants, and Administrators.
Controllers are the evaluators, mediators, and arbiters who are registered with the system and for whom schedules are maintained in the system. These are the parties who control the mediation process via the
web application. The Administrator of the ADR method and system of the
invention pays them for services rendered as a mediator upon completion of the mediation. Trainers are individuals who teach courses via the web application to students to learn how to utilize the ADR method and system of the invention. Collectively, mediators and trainers are referred to as Controllers. The term "mediator" may be used interchangeably with
Controller, and is defined to include evaluators and arbiters. Participants are the subscribers (individuals or corporations) who have subscribed to the system. They are the parties participating in a mediation with the mediator. They pay the Administrator of the ADR
method and system of the present invention for the mediation, preferably in advance such as when the time is booked. Students are individuals who
have registered to take a course via the web application. Collectively, subscribers and students are referred to as participants.
Administrators are individuals who are certified by provider the
ADR method and system of the present invention to administer the web
site and its applications.
Content and Functionality The content and functionality of the web site of the ADR method
and system of the invention is illustrated in the various pages of the web site as illustrated in Fig. 1. and is described as follows:
Overview Of Web Site Content
The content may include the following exemplary content:
Company description - A short description of the mediation process
as it occurs using the system.
Detailed mediation description - Several paragraphs describing the
mediation process in detail.
Software demonstration - a self-running demonstration of the mediation functions. Contact us — for general information, about training courses and
how to become a mediator and to become a subscriber.
On-line help - allows any participant to view a help function that
describes any of the system functions in lay terms. A table of contents at the beginning and an index at the end provide hyperlink functionality to key information.
FAQ - a list of frequently asked questions is structured similar to
the help function including a list of questions hyper linked to the answer
and an index at the end containing hyper linked key words. Login - For subscribers, mediators and students, each secure entry
of user ID and password will check server-based database to assure
validity.
Schedule Functions (Requiring Login)
Find A Mediator By Name Or By Specialty — This is a search function that allows a user to enter one or more letters of last name whereupon the system returns list of mediators whose names match typed
letters. A specialty may be selected from a drop down list, and the system
will display a list of mediators who work in that specialty. Once a list is displayed, the user may select a mediator whereupon that mediator's calendar is displayed (see below).
Look For Open Date/Time For A Specific Mediator/Trainer - Once a
mediator is selected, their calendar is displayed in graphic format showing the hours that are available for the current week. The user has the option to move forward or backward a week at a time.
Look For Open Date/Time For A Group Of Mediators/Trainers In A
Specialty - In searching for a mediator, the user may select a specialty
rather than a specific mediator by name. Once a specialty is selected, the
calendars for all mediators of that specialty are displayed in graphic format showing the hours that are available for the current week. If there
are more than five mediators in the group, then calendars for the first five
will be displayed, and sequential links will be used to display the next five.
The user has the option to move forward or backward a week at a time;
the system will display all new calendars for all members of the group for each week moved forward or backward by the user.
Book An Open Date/Time For A Mediator/Trainer - Users may book
a time slot by selecting start and end times and entering the required
demographic and billing information for the participating parties. The
system initiates the billing process for the number of hours booked. At the confirmation of the billing process, the system confirms the booking by changing the display to the review schedule display with the newly booked
mediation showing. The system also displays the ID and password that
has been assigned for the session.
Student/Participant Looks For An Open Date/Time For A Class - A student may display a list of classes available. Once a class is selected, the calendars for all trainers of that class are displayed in graphic format showing the hours that are available for the current week. The user has
the option to move forward or backward a week at a time; the system will
display all new calendars for all trainers each week moved forward or
backward by the user.
Student/Participant Books An Open Date/Time For A Class - Users
may book time slots by selecting them on the screen. The display of the
selected class indicates the number of hours that must be booked to
complete the class. When the user completes the selection process, the system confirms that the requisite number of time slots has been selected
and initiates the billing process for the number of hours booked. At the
confirmation of the billing process, the system e-mails the receipt
information including the class schedule.
System Initiates Billing At Time Of Class/Session Confirmation - The system displays information about the course including the total dollar amount required for the class scheduled and the number of hours
booked. The system gives the user the option of transferring funds with an
on-line bank or paying with a credit card. Once the transaction has been
completed, the system e-mails the receipt information including the class schedule.
System Initiates Billing At Time Of Mediation Booking &
Confirmation - The system displays the total dollar amount required for
the mediator scheduled and the number of hours booked. The system gives the user the option of transferring funds with an on-line bank or paying with a credit card. Once the transaction has been completed, the system
the system e-mails the receipt information including the class schedule.
Cancel A Mediation, Class Or Conferencing Session And Notify
Parties By Subscribers/Students Or By Administrators- The Subscriber or
student may display current scheduled times for mediation or for class. Only mediations or classes for that person logged-on are displayed. The
user selects the item to cancel, and the system displays a confirmation message. After the user confirms the deletion, the system marks the item
as canceled in the system so that future inquiries will show the time as
available. The system also e-mails the cancellation information and indicates that a credit will be forthcoming. An e-mail notification is sent from the system to the Administrator that a credit is required.
Administrators may also display current scheduled times for a mediator or trainer. The user selects the item to cancel, and the system displays a
confirmation message. After the user confirms the deletion, the system
marks the item as canceled in the system so that future inquiries will show the time as available. The system also e-mails the cancellation information. Upon confirmation of the cancellation, the system initiates
the credit transaction to allow the charges to be credited back to the
subscriber or student.
Extend (Reconvene) Session To Another Block Of Time - This function would normally be launched at the end of a mediation session when the parties agree that an extension of the session is required. The mediator's calendar is displayed in graphic format showing the hours that
are available for the current week. The user has the option to move
forward or backward a week at a time. The user may book a time slot by
selecting start and end times and confirming the demographic and billing
information for the participating parties; these data need not be re-
entered, since it is a continuation of a current session. The system
initiates the billing process for the number of hours booked. At the
confirmation of the billing process, the system confirms the booking by
changing the display to the review schedule display with the newly booked mediation showing.
Review Schedule - Subscribers may display all booked sessions for the logged in subscriber in list format. List shows all detail for each
session. Mediators may also display all booked sessions for the logged in mediator in graphic calendar format. Booked sessions will be displayed as links, which will open a page showing the details of the booked session.
Administrators may either select a mediator and display the same
calendar described above or may display an aggregate calendar. The
aggregate graphic calendar will display the number of sessions scheduled for each hourly block. The number of sessions will be displayed as a link,
which will open a page showing the details of the booked sessions. Finally, students may display all booked courses for the student in list format. Mediation Functions (Requiring Login)
Participant Logs Into A Specific Session - After a participant logs
into the system, the participant enters the ID and password for the
session, which was assigned when the session was booked. The system
establishes its default configuration for the session; the number of onscreen windows is equal to the number of booked subscribers plus one window for the mediator. Thus, for a typical mediation consisting of two
parties at diverse locations, three on-screen widows will be displayed - one
for the Mediator plus two windows for the respective two participants.
Mediation may begin when all parties have connected.
Mediator Turns Audio/Visual Off Or On - The mediator controls the
video cameras and audio of each participant. Preferably, video and audio
cannot be controlled separately. When the mediator turns off the
video/audio of a subscriber: (1) the subscriber whose camera is off sees the games screen, and (2) the screens of the other subscribers show one fewer
window than they did before.
Scan And Transmit A Document Or Photograph - This function is
provided through fax or scan capabilities and using the file upload tool
within the session interface. Each subscribing party may be provided a fax
machine or scanner as a part of the configured hardware.
Display A PowerPoint Presentation - The mediator controls the ability for any party to present a PowerPoint presentation. When the party is given control, all screens preferably display only the presentation
being shown.
Display A Video - Using the video functionality of PowerPoint, any
party may present digitized video to the other parties.
Pan, Tilt And Zoom My Camera - This function will be a hardware
process. Depending upon the video hardware selected, it is anticipated
that the camera may be controlled to automatically to point to speakers. No software camera control will be provided.
Participant Sends An Instant Message To One Or More Other
Participants - At any point in the process, including when the games
screen is displayed, a participant may send an instant-private-secure
message to one or more other participants.
Extend (Reconvene) Session To Another Block Of Time - This
function would normally be launched at the end of a mediation session when the parties agree that an extension of the session is required. The
mediator's calendar is displayed in graphic format showing the hours that
are available for the current week. The user has the option to move forward or backward a week at a time. The user may book a time slot by selecting start and end times and confirming the demographic and billing information for the participating parties (this data need not be re-entered,
since it is a continuation of a current session). The system initiates the
billing process for the number of hours booked. At the confirmation of the billing process, the system confirms the booking by changing the display to
the review schedule display with the newly booked mediation showing.
Settlement Functions — (Requiring Login)
Subscriber Creates Settlement Document, Release Document or a
Dismissal Document- A settlement, release and/or dismissal document may be created by the subscriber either as a handwritten document to be
faxed or scanned or a text document via word processing software, which
may be transferred using the File Upload tool. Templates for standard
documents may be provided. Transmission to the other parties in the
mediation may be via fax machine, scanner, e-mail or using the file upload tool.
Subscriber Initiates Funds Transfer Via On-line Bank or
Clearinghouse - The subscriber may initiate a funds transfer or credit card payment upon confirmation of a scheduled session.
Mediators Report To Court - This document may be created by the mediator via word processing software. Templates for standard documents may be provided.
Billing Functions (Requiring Login)
Billing Is Initiated As Part Of Booking Process - The system splits
fees among parties for mediation/session. As a part of the booking process, the system calculates the required charges for each subscriber. The formula for charges to each subscriber is: Hours Booked X Hourly Rate / Number Of Subscribers Participating. Fees for classes are not split, but are fixed for the class session. Fees may be paid by the scheduler in
advance and not split between parties. As a part of the class booking process the fee for the class is displayed in the confirmation e-mail.
Subscriber or Student Initiates Funds Transfer Via On-line Bank or
Clearinghouse - Data for the funds transfer were entered as a part of the
subscriber registration/scheduling process and therefore the funds transfer may occur electronically.
Subscriber or Student Initiates Credit Card Transaction For
Payment - Data for the credit card transaction were entered as a part of
the subscriber registration/scheduling process and therefore the charge to
credit may occur electronically.
Mediator Completes Report To The Administrator - Upon request, a
form may be provided to allow the mediator to prepare a report covering the resolution of the mediation. The form will be built with subscriber information already filled in. Typical answers will be pre-coded, and fill-in-
the-blank will be used for additional information.
Administrator Initiates Funds Transfer Via On-line Bank or Clearinghouse or Credit Card Transaction For Credits — Administrator may select the subscriber and mediation ID and password or student and class to receive the credit. Data for the funds transfer were entered as a
part of the registration process.
Administrator Initiates Funds Transfer Via Virtual
Bank/Clearinghouse To Pay Mediator - Data for the funds transfer were entered as a part of the registration/scheduling process and therefore the funds transfer may occur electronically.
Other Functions
Subscriber Reviews A Mediator's Bio - Once the subscriber has selected a mediator, it is possible to view the mediator's biographic information on the system.
Link To Mediator's Calendar - The subscriber may branch to the
mediator's calendar from the mediator's bio page.
Pastime While Video/Audio Is Disconnected - Pastimes may be
provided to allow people to pass the time while their video/audio is disconnected. For example, a link to a web site containing games may be provided that people may play while their audio and video is disconnected. Training Functions (Requiring Login)
Display list and description of on-line courses available - once a
student has logged on, they will be able to view a list of courses available in the web site content areas. The list of courses will include course title, prerequisites, and list of instructors as directed.
Student books course via the scheduling function Maintenance Functions (Requiring Login)
Registration And Profile Maintenance - Mediators, students, and subscribers may register through the on-line registration function. The function provides information about registration and allows the user to
type information into the blanks on the form. Forgotten passwords will require that the user contact the administrator to retrieve their password.
An appropriate security code will be carried in the database to confirm a user's identity.
Mediator Maintains Schedule; Block Dates/Times - Mediators have
the ability to control their calendar by blocking out the dates and times
that they are available for mediation. Once logged onto the system, the
mediator selects the calendaring function and displays their calendar a week at a time. At this point either weeks may be added to the schedule or
current weeks may be modified. As weeks are added to the schedule, they
are built in the default format, which may then be modified. An option
exists for the mediator to change the default schedule for their normal
week. Modification to schedules for individual weeks are made by selecting starting and ending times and specifying that these times are not
available. Mediator schedules may be built to for up to one year in the
future.
Trainer Maintains Schedule Of Courses; Blocks Dates/Times -
Trainers maintain their schedule of courses by using a calendar function similar to a mediation calendar. Once logged onto the system, the trainer selects the scheduling function and displays their calendar a week at a
time. At this point either weeks may be added to the schedule or current weeks may be modified as weeks are added to the schedule they are built in the default format, which may then be modified. An option exists for the trainer to change the default schedule for their normal week. Modifications to schedules for individual weeks are made by selecting
starting and ending times and specifying which course is scheduled for
that time.
Mediator Maintains Data - Once the user has logged in and selects the maintenance function they are brought to the maintenance screen that
allows them to update their user information. Basic demographic information may be changed, but user identification and password may
only be changed by administrators. Examples of data items that might be
maintained for a mediator are as follows: name, password, bank account with virtual bank, contact data and biographical information.
Web Site Design and HTML Coding
The preferred embodiment of the interface of the web site of the
ADR method and system of the present invention is designed for growth with room for expansion including room for more buttons across the top and at the left for expansion. The interface is designed for speed with no rich, heavy graphics or gradients. DHTML is used in certain areas to
reduce the number of clicks users need to navigate the web site. The quick
access icons across the top are a good use of DHTML (e.g., a scheduled mediation becomes one click away). The Scheduling Overview page uses
DHTML when rolling over Book Mediation because the four different ways to book a mediation, training or conference session - by time and date, by location, by controller (Mediator, trainer, etc.). Rolling over Find a
Mediator/Trainer also reveals a DHTML drop down menu. The header at the top of the content area indicates the major section and a specific
subsection, thereby indicating where the participant is at any given time and allowing one to get anywhere from anywhere. The footer is a
standard, quick access, HTML footer that serves no other purpose than to
navigate when the viewer has scrolled down to the bottom of the page. The
left navigation bar is very flexible. Space under the buttons is provided to accommodate any number of focus areas such as quick links to News &
Events. Advertisements or banner ads and customer pulled quotes may be
placed as desired.
The preferred embodiment of the Home Page is where the
navigation is established and remains the same through the rest of the site. The focus areas are designed to accommodate any number of quick
links or pertinent and breaking news. The quick access icons across the top are designed to be quick access to the functional sections of the site.
The viewers famihar with the site may use these icons to access secured
areas, jump right into a scheduled session and schedule a session.
In the preferred embodiment of the web site, the mediation tool
interface, which is also the conferencing tool interface, is where the live mediations and conferencing will take place. The title bar contains the
logo and all the pertinent information about the current mediation. It displays the Session #, who is involved in the mediation or conference, the date, the mediator's name and the subject of the mediation. Next to all of that information are two links that are designed to occupy a participant if he or she is temporarily turned off from the mediation. He or she may
browse the web or play games.
The video widows are preferably located across the top with three of
four windows the same size. The smaller window is always the view of
oneself. Each widow has a title bar that displays the name of that
particular participant. The mediator has a slightly different interface in that he or she has the ability to turn the audio/video of each participant on
or off. In this regard, a small circular button is located on the top right
corner of the video window title bar. The mediator may click this button to shut off a participant's window. The button will change from green to red. The Instant Message button is positioned directly below the self-
view video window. It will launch a pop-up window that will allow a participant to send a message to anyone in the mediation.
The file sharing takes place below the video windows in a frame set. The left frame is a hst of available files to download. The right frame is
where the downloaded file will display. There are three buttons associated with file sharing. Refresh will refresh the list of files. Upload will upload a
selected file and delete will delete a selected file. The buttons in file sharing as well as the other elements in the mediation tool remain
consistent in color size and font.
Scheduling Process Design The process of scheduling a mediation, training or conferencing
session is illustrated Fig. 3. Drop-down menus are preferably used to choose various categories — pick a date, pick a time, pick a mediator,
trainer, etc. The elements such as the title bars and form fields used are preferably bold and very easy to read. Large icons, residing in the left
hand navigation bar, are employed to help the scheduler follow the
process. The icons are simply Step 1, Step 2, and Step 3.
Site Map of The Web Site The site architecture for the web site is illustrated and described in
Fig. 4.
Customer Database and Schematic design
Customers may register using an approved registration form for
Training, Conferencing and Mediation. The mechanism for handling the registration process is described below and is supported by the database diagram of Fig. 5. Appropriate tables according to the session type of each web site may be provided.
E-Mail System
The E-mail system is a scheduling and billing confirmation system
based on mutual agreement of all session participants and the session controller (Mediator, Trainer, etc.). Once the session initiator schedules a
session, the controller and session participants receive the first e-mail
requesting a session. Upon confirmation from all parties, a unique, alphanumeric session identification and password is generated and e-
mailed to each participant and controller. Participants are billed electronically at this time. A copy of this invoice, as well as the date and time of the session appears on this second e-mail. The preferred system
used for e-mailing is Microsoft's IIS Mail Relay which runs off the web
server and is part of Microsoft's Option Pack 4. The Mail Relay is a simple
application that forwards mail through the system and out onto the Internet to its intended parties. The addresses themselves are pulled from the member database upon scheduling a session, inserted into a mail
message (invite, confirmation, access code assignment, etc.) through ASP
code (which is embedded throughout all scheduling pages) and passed to
the Mail Relay for delivery out to its intended audience.
Sign- Up And Membership Information Storage Process
All members are preferably pre-enrolled in the system in order to
confirm or deny invitational requests initiated through the scheduling
tool. While the current preferred embodiment lacks forms time that permit
a user to access a scheduled session or the mediation tool with being pre- enrolled, future implementations may eliminate the need for member pre-
enrollment may dissipate. A set of custom forms will be designed and created to facilitate end-user driven member registration requests.
E-Commerce Modeling/Payment Solutions
All payment processing (and account management) in the final
release of the product (e.g. credit card billing) may be conducted over an SSL-encrypted connection utilizing an approved clearinghouse for all purchase verification and transaction processing. On-line banking may
use similar, if not identical data stream encryption as credit card processing by an on-line clearinghouse, such as JPMorganChase. Credit card information will be collected at the time that a mediation, conferencing or training session is scheduled. To make sure that this
sensitive information stays private, this information will only be sent over
an SSL (Secure Sockets Layer) data stream-encrypted connection.
SYSTEM ARCHITECTURE (TIER-BY-TIER) The functionality of the web site is enabled by relationships and
interaction among the following five layers (tiers): the client layer (end-
user's environment), the presentation layer (page look/feel and services),
the business logic layer (rules governing subjects and objects), the resource
layer (how data is stored), the hardware & application framework layer (what it runs on). Reference Figs. 6 and 7. Overview of Web Client and Server Interaction
Web clients make requests from web servers, which (a) interpret
those requests, (b) perform one or more actions (database queries, for
example), and (c) return dynamically-generated pages, or pages whose content is customized based on the results of those actions.
Client Layer
The client layer is the collection of various hardware and software
components in an end-user's environment that allows that user to interact with an application - the computer internals (processor, memory, hard drive), the operating system and web browser, network connection, peripheral equipment (such as video cameras, speakers, and microphones). As the most demanding of all web applications, videoconferencing
and document sharing imposes significant restrictions on the client
environment. To attain a successful quality session with the system, a
dedicated TI for each concurrent four-person session is preferred for in- bound and out-bound traffic.
Hardware/Software Requirements - To ensure acceptable levels of
audio/video quahty during videoconferencing, the preferred embodiment of
the computer comprises:
450mHz to 700mHz Pentium processor 256MB RAM
32MB PCI or AGP Video Card
32bit Sound Blaster or Turtle Beach Sound Card
20G Hard drive
22" Monitor running at 1024x768 Intel 100MB NIC Card
Microsoft Windows 2000 Professional (recommended)
Or Microsoft Windows 98SE, Windows ME
Microsoft DirectX 8
Microsoft Office Professional Logitech QuickCam Web (USB)
A headset or microphone and speakers
Keyboard and mouse
Presentation Layer
The presentation layer comprises the technologies responsible for
interactions between user and web page, most notably the web server and scripting environment. All interaction between users and the system takes place through standard web pages with scripting extensions known as Active Server Pages. These pages are served by a Microsoft Internet
Information Server (version 5.0), and may reach users over any type of Internet connection — although, as mentioned previously, participating in
videoconferencing-based mediations requires an Internet connection
capable of sustaining at least 128K/s data transfer rates.
Implementation Requirements - Because the web pages preferably' utilize Microsoft's Active Server Pages technology, they must reside on a
computer running Microsoft's Internet Information Server, version 4.0 or 5.0. To interface properly with the resource layers underneath, the web
server must run a current version of the ActiveX Data Objects (ADO)
library, which is available through the Microsoft Data Access Components
collection. To allow users to upload files over their Internet connection, the server must also have an upload program, such as the Software Artisans SA-FileUp, installed.
Interface with Client Layer — Once all client requirements have
been met, the interface between the presentation and client layers is
seamless — the web server returns a stream of HTML to the client for
display. Business Logic Layer
The business logic layer defines most of the rules that govern
relationships between subjects and objects - answering questions like "can
User X perform Action Y on Object Z," or "does User X's membership in Group Y automatically make him/her a member of Group Z?" Most of the business logic is preferably contained within ASP pages, database stored
procedures, and in the CUSeeMe Conferencing Server software. These rules enable (and oversee the operation of): generation of user and session
access codes, maintaining types of users and transitions between the user states, sending invitation, confirmation, and rejection e-mails, security
enforcement (blocking non-participants from private mediations, for
example).
The CUSeeMe Admission Center and CUSeeMe Conferencing
Server are the preferred software. The Admission Center validates mediation participants with a seven-part ticket verification process to
ensure that only registered users are capable of sending and receiving
mediation data. A more complete description of the CUseeMe software is
found in the books entitled Meeting Point Conference Server. Version 4.0.5 User Guide, Meeting Point Conference Server, Version 4.0.5 Telnet
Interface Guide and CUseeME Web SDK. Version 2.0 User Guide, all published by CUseeMe Networks, Inc. of 542 Amherst Street, Nashua,
NH, the disclosures of which are hereby incorporated by reference herein.
Mediator Controls - While the CUSeeMe software makes it possible to turn video on and off remotely, it does not allow for a sole controller. As
noted above, the system of the invention allows controlled "break-away sessions" or caucuses where a sole controller (the mediator) may control
the audio and video transmissions of individual participants. The use of DirectX 8.0a drivers enhances this capability. This is client side
functionality file within the session directory of the mediation architecture. This customization in accordance with the invention is fully described in the file "mediation.js", attached hereto as Appendix A, the
disclosure of which is hereby incorporated by reference herein.
Performance Tuning - Research and development has yielded
enhanced video/audio synchronization with H.263 "dirty rectangles"
technology and ideal audio and video system settings to take better advantage of CUSeeMe software capabilities. The preferred configuration
file "mpcs.cfg" that has achieved such optimal performance tuning is attached hereto as Appendix B, the disclosure of which is hereby
incorporated by reference herein.
Interface with Presentation Layer - The presentation layer connects
to the business logic services through Active Server Pages code and the CuWeb ActiveX control (which provides the lower-level videoconferencing services within the web browser interface).
Resource Layer
The Resource Layer Comprises Raw Data — In databases,
messaging systems, files, etc., two different types of data stores are employed: some information about mediations is stored within the CUSeeMe Conferencing Server, however, most of it is stored in Microsoft's
enterprise-level database - SQL Server 7.0. In addition, the SQL Server
database contains all user-related data, and site application metadata (data about the application itself, rather than the components of the application). See Hardware and Application Framework details below. Microsoft SQL Server 7.0 requires a Windows NT/2000 Server. The
CUSeeMe Conferencing Server also requires a Windows NT/2000 Server.
For both, the Hardware and Application Framework details discussed
below are preferred. Design Decisions - The data model was built to address the specific
application needs, and consists of the database tables shown in Fig. 5 as
follows: users mediators mediator_availabilities mediator_specialties mediator_mediator_specialty_map mediator_locations mediator_mediator_location_map mediation_files
The users table is the primary table for user records; there is one entry per system user, no matter what type of user (mediator, end-user,
administrator). The mediators table extends the users table, and holds any
information, which these users have by virtue of their status as mediators.
(All mediators are users, but not all users are mediators.) Currently, this
is only biographical information — additional details such as the mediator's location and specialty are stored in separate tables, since there is a one-to- many relationship between each mediator and these items.
The mediator_availabilities table contains time slots for which a
particular mediator has confirmed an availability. The mediator_specialties table contains one entry per specialty -
e.g. bad faith, medical and legal malpractice, personal injury.
The mediator_locations table contains one entry per location for
which a mediator may be authorized to mediate.
The mediator_mediator_specialty_map and mediator_mediator__location_map tables contain one entry per
combination of mediator/specialty or mediator/location.
The mediation_files table holds information about each file
uploaded by a mediation participant (e.g., file name, user-given name, size, location).
Interface with Business Logic Layer - The business logic layer talks with the resource layer through the ADO Command object (which allows
stored procedure execution within the database). Additionally, the
business logic residing in ASP code communicates with the resource layer
through the ADO Connection and Recordset objects. All logic is applied directly into the pages themselves through a set of includes and are in numerous pages throughout the site requiring user access validation throughout the site.
Hardware and Application Framework Layer
The hardware and application framework layer comprises the physical equipment and software to run the service - including the servers, databases, conferencing and operational applications, operating
systems, networking and security infrastructure. The Hardware and Application Framework Layer - There are four
major components to the hardware and application framework layer, in addition so several sub-components, which in essence are supporting
components. The major components comprise the following:
The Servers - Web, Conferencing and Database
The Applications - Web, Conferencing, Database and Email
The Operating Systems
Networking - Switches, Fire WALLS, Encryption Hardware Implementation Requirements - The following
implementation requirements are based on a fully developed and
functional product using a set of servers that are distributed amongst the
three major services required to produce a successful session. This allows
us to achieve maximize performance within each of the areas; public site, conferencing server(s) and the database server.
System 1 — Public Web Server
The public server contains general access pages (home,
company, contact info, etc.) and member/participant access points for account and session management and access to mediation tools.
The following specifications are preferred to run a single instance of this service:
Hardware
Dell PowerEdge 2450 (dual power supplies) Single processor 833mHz Pentium III
512MB RAM PERC single channel 64MB RAID card RAID 5 running over 4 - 9G 10,000 RPM drives + spare (5 drives total) 20/40G Internal DAT
Dual Intel 100MB NIC Cards with load balancing
System 2 -Conferencing Server
The conferencing server, is designated as a dedicated system tuned and assembled to handle all mediation,
training, and in the future conferencing functions, specifically
audio/video streaming and session management. Each
conferencing server is capable of handling up to 12
concurrent four person sessions. A new instance of this server will be required for every 12 concurrent four person session. A load balancing device and additional application
development will also be required in order to distribute
requests to the conferencing server throughout two or more
instances.
The following specifications are preferred to run a
single instance of this service:
Dell PowerEdge 2450
Dual processor 833mHz Pentium III
1024MB RAM,
PERC single channel 64MB RAID card
RAID 5 running over 3 - 9G 10,000 RPM drives + spare (4 drives total)
12/24G DAT Dual Intel 100MB NIC Cards bound to a single IP System 3 - Database Server
The database server is designated as a dedicated system tuned and assembled to handle all data storage,
session and scheduling requirements.
The following specifications are preferred to run a
single instance of this service:
Dell PowerEdge 2450
Single processor 900mHz Pentium 4
512MB RAM, PERC single channel 64MB RAID card
RAID 5 running over 4 - 9G 10,000 RPM drives + spare
(5 drives total)
12/24G DAT
Dual Intel 100MB NIC Cards with load balancing
Application Requirements -the following apphcation preferences are the basis for most of the core functions of the site. These applications are used in two areas: the back-end web, conferencing and database server and an end-users conferencing station. Server applications
Database - Microsoft SQL Server 7 Web Server - Microsoft Internet Information Server 5.0 Videoconferencing - CUSeeMe Conference Server 5.0 Software Artisans SA-FileUp Email System - IIS Mail Relay
End-user applications
CUSeeMe Pro 4.0 for Windows (end-user software) Microsoft Office 2000 Professional Internet Explorer 5.5 (for Mediation tool)
Netscape 4.0+ or Internet Explorer 4.0+ (for public site use) Operating System Requirements - the following operating system
requirements were chosen to be the basis for the servers and the end-user
conferencing stations. These operating systems are used in two areas; the
back-end web, conferencing and database server and an end-users conferencing station.
For the servers
Windows 2000 Server
For end-user
Windows 2000 Professional Windows 98SE
Windows ME
Networking Requirements - Firewalls are designed to keep out
unwanted hackers and traffic that may not be designed to travel into and
across your network or hardware for its intended use. They are also used to secure and verify all traffic coming into the site and the servers
contained within it. Two separate firewalls are preferred: Firewall 1 for public site and conference server protection and Firewall 2 for securing access between the public server, the conference server and the database,
essentially allowing no unauthorized access except from trusted machines to the database system.
SECURITY/PRIVACY
The content of the actual mediations is extremely sensitive and highly confidential. The ADR system and method of the invention enforces
strict access control and data security policies. Mediation Tool Privacy
Audio and video streams are maintained private by: requiring session-level access codes (one code per
session), and user-level access codes (one code per user),
enforcing a 7-part ticket security protocol in the
CUSeeMe Conferencing Server and Admission Center
settings, and encrypting the video, audio, and control data streams
to prevent lower-level network attacks (e.g., packet sniffing)
Both session-level and user-level access codes are 168-bit (21-byte)
unique identifiers, and most codes must be valid for a user to send/receive
conference data. Additionally, the data streams that carry the encoded control, audio, and video signals are encrypted (with a proprietary encryption scheme) to prevent interception or tampering. The audio and
video signal encryption is handled by the CUSeeMe Conferencing Server
and Admissions Center.
User Data Privacy - The privacy of the user data (stored in the databases) is enforced by a standard username/password access control scheme, which requires that users enter valid credentials before gaining
access to their account information. All public traffic through the site will
not be secured and will be accessible from anywhere in the world and anyone with a compatible web browser. This will allow new users and potential clients to easily view and schedule their initial session through the site prior to becoming a defined member or subscriber/subscriber-
agent.
Member and Subscriber/Subscriber-agent Privacy - With regard to
member privacy, each member's profile is visible to only that member or subscriber administrator and the contents of a mediation (the
videoconferencing part) similarly restricted to that mediation's
participants. Securing member profile information is assured by storing
the information in a database, and forcing them to log in with a username/password combination before gaining access to it. Further, the
entire video session may be secured over a PGP-encrypted Virtual Private
Network (VPN), or with the Secure Sockets Layer (SSL) protocol.
Payment Processing - All payment processing (and account
management) (e.g. credit card billing) may be conducted over an SSL- encrypted connection utilizing an approved clearinghouse for all purchase verification and transaction processing. While credit card information is
currently collected at the time that a mediation is scheduled, to make sure
that this sensitive information stays private, this information may be sent over an SSL (Secure Sockets Layer) encrypted connection. In the current embodiment of the invention, a valid credit card string (21-digits for VISA)
is preferred over the actual card number.
APPLICATION USER SCENARIOS (USE CASES^
For purposes of illustration, the functionality of the web site may be
better understood by reference to the various web pages of Fig. 1 and the following use cases that step through the application as an end-user, one
step at a time, and describe the interactions with the system. Scheduling and Billing
Before a session may be joined, it must be scheduled. Any user
(even an unregistered site visitor) may schedule a session. There are 4
steps involved in scheduling a session, starting with, for example, choosing
a date and time, and ending with a collection of the billing data and the generation of a set of email invites to potential participants.
User/Participant
With reference to Fig. 8, users may schedule
mediations/training/conferences by: (a) starting and ending times for the particular type of session and (b) a specific mediator/trainer/conference host. The site allows the user to select these items in either order, and these are referred to within the site architecture as schedule-by-time and
schedule-by-mediator. These scheduling functions also apply to non-
mediation conferencing and training. Additionally, because the list of mediators is long, and because considerations about a mediator's location and specialty affect the suitability of that mediator for a particular user's needs, the site allows users to search for mediators by location and
specialty. These options are available on the schedule -by-mediator pages.
When a specific mediator and time have been chosen, the user must enter payment information to continue. Credit card information and bank account information may be provided for credit charging and funds
transfer.
Once this information has been validated, the user may invite up to
two additional participants (the other parties to the mediation).
At this point, e-mail messages are generated and sent to (a) the user
who scheduled the mediation, (b) the other parties to the mediation, and
(c) the selected mediator.
All of these messages include information about the selected time and mediator, links to approve or deny participation, and the credentials
necessary to log into the mediation (at the scheduled date/time). These
credentials consist of a session identifier (for the particular mediation),
and a user identifier (which distinguishes each user in the mediation).
In addition, the e-mail message sent to the scheduling user contains confirmation of the billing details, but this information is not sent to the
other users.
If the invited participants are already registered users of the site,
they need only click on the appropriate approve/deny link and enter their
username and password to confirm/reject participation in the mediation. Otherwise, they will need to enter (a) their primary e-mail address, and
(b) first and last names, at which point they will become registered users
of the site.
If all parties have accepted the invitation, an additional
confirmation e-mail will be sent out to the mediating parties (scheduling user plus invitees) and the mediator. The confirmation e-mail will contain
session and user identifiers.
Mediator
The mediator or trainer does not participate in the scheduling process - he/she does not receive an initial invitation, nor does he/she
receive rejection notices.
The mediator or trainer is only notified if all participants accept
their invitations, at which point - like the other participants - they
receive user and session access codes. The mediator's or trainer's
experience during a session is almost identical to that of the participants
with the exception of a set of buttons that allow them to turn on and off video individuals.
Mediators (or the controlling party) enter the mediation just as participants do — using session and user access codes. Their interface is
nearly identical, but there is one notable difference between the mediator's
or trainer's tool and that of the participants. Since mediators or trainers must be able to meet with each participant privately (hidden from the other participants), the mediator needs to be able to activate and de¬
activate each participant's ability to send and receive audio/video.
Unlike mediators and trainers, a conference host does initiate the conference process by sending an invitation as described above to participants, who are notified and accept in the same manner described above. This is accomplished by including, above each participant's video
display, a small colored button that toggles that participant's status. A green button indicates that a participant is sending and receiving
audio/video; a red button indicates that a participant is currently disabled.
(See below for more information on the Mediation tool.)
User/Participant
When a user joins a session (by entering the session access code and
clicking "Join"), the system presents the user with a pre-mediation
confirmation page with the mediation details -including mediator name,
starting and ending times, the names of other participants, and the title
and description given to the mediation by its scheduler.
At the bottom of this page, the user is prompted to enter his/her user access code, which is validated by the system.
If the user access code entered is valid, the user is routed to the
main page of the mediation tool. (See Mediation section below.)
If the user access code is invalid, the user is routed back to the
authentication page with a suitable error message. Mediation and the Mediation Tool
The Mediation tool is the window that houses the core features
required to sustain a scheduled session, including multiple video windows
(4 including the mediator), an area to upload Microsoft Office or PDF files for all parties to review (which also allows a participant to delete all files
from a designated session), an Instant Messaging and Logout button. Only the Mediator (or controlling party) sees a set of switches at the
top right on each individuals video window for turning their respective
streams off and on (currently shown as a green dot).
The Mediation interface and the options within it are shown the
mediator web page of Fig. 1. This is the Mediators interface, denoted by a green circle (button) in the top right of the 3 participant windows. All
other items in this interface are identical between mediator and participant.
The local user always appears in the top right window - this is
where a user of the system would see himself during a scheduled session.
Other elements that are included on this screen include the sessions scheduled date and time, session title and subject, and the name of the Mediator or controlling party.
Site Administration
Most of the site's maintenance is automated (post-mediation directory cleaning, database administration, etc.), but on occasion it may be necessary to intervene (to alter a user's account, perhaps), and this is
the role of a special class of users - the site administrators. Authorized users may administer their account information in a self-service area,
such as a "My Account" section. Self-service areas allow authorized users to administer and edit their availability, profile information and biographical information as necessary. This will be accomplished by allowing authorized users to login to a secured environment and edit only
their records in the appropriate database table.
When users submit their changes, their records are then updated.
Due to the nature of the high-security environment, preferably no
other administration tools built into the site. All maintenance of account
and access information will preferably be manually reviewed and modified
by authorized developers.
The present disclosure includes that contained in the appended claims, as well as that of the foregoing description. Although this
invention has been described in its preferred form with a certain degree of
particularity, it is understood that the present disclosure of the preferred
form has been made only by way of example and that numerous changes in the details of construction and the combination and arrangement of parts may be resorted to without departing from the spirit and scope of th< invention.
Now that the invention has been described,
WHAT IS CLAIMED IS:

Claims

1. A web-enabled system for managing dispute resolution
among remotely-located parties willing to settle a dispute by participating
in a dispute resolution session, the system comprising:
a scheduling module configurable to find one or more mediators in
an electronic database based on predefined parameters including
parameters indicative of mediator date and time availability;
a storage module configured to store data indicative of a mutually
agreed time and date for conducting the dispute resolution session
including a respective mediator for conducting the dispute resolution
session; a dispute resolution-conducting module configured to enable respective participants to log into the dispute resolution session, the
dispute resolution-conducting module further configured to enable the
mediator conducting that dispute resolution session to selectively activate communication devices accessible to each participant to securely transmit
audio-visual information over the Internet from one participant to other participants as the dispute resolution session progresses;
a dispute resolution-support module configured to enable
transmission of electronic files comprising dispute resolution-supporting
material presented by respective participants in the dispute resolution session; a settlement module configured to generate and transmit respective documents for settling the dispute based on results from the respective dispute resolution session; and
a billing module for tracking usage of the dispute resolution-
management system so as to generate billing charges to respective
participants.
2. The web-enabled system of claim 1 further comprising a
training module configured to provide training to respective participants
or students.
3. A web-enabled method for managing dispute resolution among remotely-located parties willing to settle a dispute by participating in a dispute resolution session, the method comprising:
selecting one or more mediators in an electronic database based on
predefined parameters including parameters indicative of mediator date and time availability; storing data indicative of a mutually agreed time and date for conducting the dispute resolution session including a respective mediator
for conducting the dispute resolution session;
enabling respective participants to log into the dispute resolution session; selectively activating communication devices accessible to each
participant to securely transmit audio-visual information over the
Internet from one participant to other participants and/or the mediator
conducting the dispute resolution session; transmitting electronic files comprising dispute resolution-
supporting material presented by respective participants in the dispute resolution session;
generating respective documents for settling the dispute based on
results from the respective dispute resolution session; and
tracking usage of the dispute resolution-management system to generate billing charges to respective participants.
4. The web-enabled method of claim 3 further comprising training respective participants and/or students.
5. A web-enabled portal for managing transactions among remotely-located parties, the system comprising:
a scheduling module configurable to find one or more participants in an electronic database based on predefined parameters including
parameters indicative of participant date and time availability; a storage module configured to store data indicative of a mutually agreed time and date for conducting a session relating to a transaction; a session-conducting module configured to enable respective
participants to log into the session, the session-conducting module further configured to enable a party managing that session to selectively activate
communication devices accessible to each participant to securely transmit
audio-visual information over the Internet from one participant to other
participants as the session progresses; a transaction-support module configured to enable transmission of
electronic files comprising transaction-supporting material presented by
respective participants in the session; and
a document-management module configured to generate and
transmit respective documents indicative of agreement reached during the session by the participants and further configured to identify items yet to
be agreed, if any.
6. The portal of claim 5 wherein a transaction is selected from
the group comprising alternative dispute resolution, litigation-related discovery, human resources processes, training, and web video
conferencing.
7. A method for conducting on-line mediation, comprising the
steps of: scheduling a mediation with a mediator and a plurality of
participants, each having use of a video conferencing web browser that accesses the Internet; and conducting the mediation via the Internet under the control of the
mediator who may conduct private caucuses by selectively deactivating
the video conferencing of other participants are not to participate in the
private caucus.
8. The method as set forth in Claim 7, wherein the step of
scheduling the mediation further includes the step of allowing at least one
of the participants to find the mediator by name, availability or specialty.
9. The method as set forth in Claim 7, wherein the step of
scheduling the mediation further includes the step of allowing at least one of the participants view the mediator's calendar to find available dates for
conducting the mediation.
10. The method as set forth in Claim 7, wherein the step of
scheduling the mediation further includes the step of billing for the
mediation when the mediation is booked.
11. The method as set forth in Claim 7, wherein the step of conducting the mediation further includes the step of allowing the mediation to be reconvened to another date and time.
12. The method as set forth in Claim 7, further including the step of allowing the mediator to view a schedule of booked mediations.
13. The method, as set forth in Claim 7, further including the step of allowing the participants to review their schedule of booked mediations.
14. The method as set forth in Claim 7, further including the step
of allowing the mediator or the participants to upload a document, file or video for viewing by the others during the mediation.
15. The method as set forth in Claim 7, further including the step
of allowing the mediator or the participants to send an instant message to one or more of the others during the mediation.
16. The method as set forth in Claim 8, wherein the instant message may be sent privately.
17. The method as set forth in Claim 7, further including the step
of allowing the mediator or the participants to assemble and share
settlement, dismissal or release documents during the mediation.
18. The method as set forth in Claim 7, further including the step of allowing one or more of the participants to transfer funds to other participants.
19. The method as set forth in Claim 7, further including the step
of allowing one or more of the participants to transfer funds to a provider of the mediation method in payment for the services of the mediator and the provider.
20. The method as set forth in Claim 7, further including the step
of providing training to students.
21. A method for conducting on-line conferencing comprising the step of employing a video conferencing server and a plurality of web browsers that are tuned for performance substantially in the configuration
reflected in Appendix B.
PCT/US2001/022085 2000-07-14 2001-07-14 Web-enabled method and system for managing remote dispute resolution WO2002007063A1 (en)

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