Computerized dispute resolution system and method

• US 20080065557A1
• Filed: 10/30/2007
• Published: 03/13/2008
• Est. Priority Date: 08/06/1998
• Status: Active Grant

• Current Assignee: Cybersettle Holding Incorporated
• Original Assignee: Cybersettle Holdings, Inc. (CyberSettle, Inc)
• Inventors: Burchetta, James, Brofman, Charles
• Granted Patent: US 8,150,773 B2
• Time in Patent Office: Days
• US Class Current: 705/80
• CPC Class Codes: G06Q 10/06 Resources, workflows, human or project management; Enterprise or organisation planning; Enterprise or organisation modelling
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 30/0601 Electronic shopping [e-shopping]
• CPC Class Codes: G06Q 40/00 Finance; Insurance; Tax strategies; Processing of corporate or income taxes
• CPC Class Codes: G06Q 40/02 Banking, e.g. interest calculation or account maintenance credit or loans G06Q40/03
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/08 Insurance
• CPC Class Codes: G06Q 50/18 Legal services
• CPC Class Codes: G06Q 50/188 Electronic negotiation

Abstract

An automated method capable of multiple rounds for settling a dispute among adverse parties which dispute involves monetary values is described together with an automated system for carrying out such method.

Claims

1. An automated method capable of multiple rounds for settling a dispute between or among adverse parties in a round by round manner comprising:

at least one demand submitted by a claimant and at least one corresponding offer submitted by a second entity for a claim in a round by round manner in accordance with at least one preselected criterion agreed to by the claimant and the second entity;

the at least one demand and the at least one corresponding offer being different from each other;

calculating a settlement payment of a specified value to be paid to the claimant to settle the case and automatedly providing the settlement payment to the claimant by;

(a) crediting a payment card account registered to the claimant for the specified amount;

(b) crediting an affinity program account registered to claimant according to the specified amount;

or

(c) electronically initiating issuance of an insurance product for the settlement amount.

2. The method according to claim 1, wherein the payment card account is a credit card, debit card, charge card or entertainment card account.

3. An automated method capable of multiple rounds for settling a dispute among adverse parties involving monetary values submitted by adverse parties in a round by round manner comprising:

evaluating a plurality of paired values for a claim one value being from a first entity and the other value being from a second entity adverse to the first entity in a plurality of rounds;

determining that none of the plurality of paired values when evaluated round by round satisfies at least one settlement criterion in a given round;

performing a power round evaluation of values, one of the values having been submitted by the first entity with respect to the claim and another of the values having been submitted by the second entity;

communicating a settlement message if the power round evaluation indicates that at least one power round settlement criterion is satisfied;

calculating a settlement payment of a specified value to be paid to whoever among the first entity or the second entity is to be paid to settle the case;

transmitting notification of the settlement payment;

transmitting an offer to select from a plurality of disbursement options to the entity to be paid; and

having the entity to be paid select one from among the plurality of the disbursement options for the settlement payment.

4. The method according to claim 3 which further comprises:

asking the at least one entity to be paid for disbursement specific information.

5. The method according to claim 3 which further comprises automatedly generating documents containing disbursement specific information.

6. The method according to claim 3 which further comprises automatedly initiating the settlement payment to the at least one entity to be paid in accord with the selected disbursement option.

7. The method according to claim 3 wherein the plurality of disbursement options include at least two of:

a non-monetary payment-in-kind;

an investment vehicle;

an insurance product;

or

a lump sum payment.

8. The method according to claim 3 wherein the plurality of disbursement options include a combination of a partial monetary payment and at least one of:

a non-monetary payment-in-kind;

an investment vehicle;

or

an insurance product.

9. The method according to claim 3 which further comprises:

receiving an agreement from a party to perform the power round evaluation.

10. The method according to claim 4 which further comprises:

determining that the power round evaluation of values should occur based upon a system parameter.

11. The method according to claim 3 wherein includes:

identifying a first engaging party.

12. The method according to claim 3 wherein determining that the power round evaluation of values occurs by analyzing a differential in at least one pair of the plurality of paired values against at least another of the plurality of paired values.

13. The method according to claim 4 wherein determining includes:

determining that the power round evaluation of values occurs based upon a relationship between at least one pair of the plurality of paired values and achieved settlements.

14. The method according to claim 4 which further comprises:

receiving an agreement from a party to an adjustment from a normal payment amount in return for performing the power round evaluation.

15. The method according to claim 3 wherein performing the power round evaluation includes:

determining that the two values satisfy the at least one power round settlement criterion.

16. The method according to claim 3 wherein the at least one power round settlement criterion is the at least one settlement criterion.

17. The method according to claim 3 wherein the at least one power round settlement criterion differs from the at least one settlement criterion.

18. The method according to claim 3 wherein performing the power round evaluation includes:

determining whether any of the plurality of paired values satisfies at least one power round settlement criterion.

19. The method according to claim 3 which further comprises aggregating a plurality of submissions into a group value;

and

using the group value as one of the values in a pair.

20. The method according to claim 19 wherein the at least one power round settlement criterion and the settlement criterion differ.

21. An automated system for settling disputes between or among adverse parties in a round by round manner, which system is capable of multiple rounds comprising:

an input connectable to an on-line interface for receipt of values therefrom;

an output;

a first value, submitted on line by a first entity via the input;

a second value submitted on line by a second entity via the input;

the first and second entities being adverse to each other with respect to a claim, the first value being inaccessible to the first entity, the first value and the second value being different in magnitude from each other;

memory connected to the input and configured to receive and temporarily store the values received from the input;

a processor connected to the memory; and

a computer executable program, the program being structured to, when executed by the processor, accept the pair of values from adverse entities and return a specified result indicator based upon the application of at least one predetermined criterion to a mathematical comparison of the pair of values in a round by round manner and, when the result indicator indicates that the at least one predetermined criterion is not satisfied in the first round;

the program, when executed by the processor, being further structured to perform a power round analysis of a power round pair of values by applying at least one predetermined power round criterion to the power round pair of values and, when a power round result indictor indicates that the at least one predetermined power round criterion is satisfied, provide a power round payment value for the claim to at least one of the adverse entities via the output;

the program, when executed by the processor, being still further structured to;

transmit via the output notification of the settlement payment;

transmit an offer to select from a plurality of disbursement options to the adverse party to be paid; and

allow the adverse party to be paid to select via the input one from among the plurality of the disbursement options for the settlement payment.

22. The system according to claim 21 wherein the program, when executed by the processor, asks the adverse party to be paid for disbursement specific information.

23. The system according to claim 21 wherein the program, when executed by the processor, accepts via the input, a datastream from a disbursement structuring entity that offers the plurality of disbursement options for the payment value.

24. The system according to claim 21 which further comprises the program, when executed by the processor, automatedly generates documents containing disbursement specific information.

25. The system according to claim 21 which further comprises the program, when executed by the processor, automatedly initiates the settlement payment to the adverse party to be paid in accord with the selected disbursement option.

26. The system according to claim 21 wherein the plurality of disbursement options include at least two of:

a non-monetary payment-in-kind;

an investment vehicle;

an insurance product;

or

a lump sum payment.

27. The system according to claim 21 wherein the plurality of disbursement options include a combination of a partial monetary payment and at least one of:

a non-monetary payment-in-kind;

an investment vehicle;

or

an insurance product.

28. The system according to claim 21 wherein one of the power round pair of values is the same as one of the pair of values.

29. The system according to claim 21 wherein the at least one predetermined criterion and the at least one predetermined power round criterion are different.

30. The system according to claim 21 wherein the at least one predetermined criterion and the at least one predetermined power round criterion are the same.

31. An automated claim dispute resolution system for settling a dispute between or among adverse parties in a round by round manner, which system is capable of multiple rounds comprising:

a processor for evaluating demands and offers wherein

at least one demand is submitted by a claimant for a claim and at least one corresponding offer is submitted by a second entity adverse to the claimant;

at least one preselected criterion, agreed to by the claimant and the second entity, which will be applied in a round by round manner, during analysis of the at least one demand and the at least one corresponding offer, to determine if there is a resolution for the claim;

a claim dispute resolution program constructed to, when executing on a programmed processor, cause an analysis of numbers in accordance with criterion and calculate claim settlement payments when the criterion are satisfied; and

a programmed processor executing the claim dispute resolution program, to analyze a demand and at least a corresponding offer in a round by round manner in accordance with the at least one preselected criterion and, when the at least one preselected criterion is satisfied, calculate a settlement payment of a specified value to be paid to the claimant to settle the claim and set a settlement initiation indicator thereby automatedly initiating a payment to the claimant, the program, when executed by the processor, being further structured to;

transmit via the output notification of the settlement payment;

transmit an offer to select from a plurality of disbursement options to the claimant; and

allow the claimant to select via the first input one from among the plurality of the disbursement options for the settlement payment.

32. The system according to claim 31 wherein the plurality of disbursement options include at least one of:

a non-monetary payment-in-kind;

an investment vehicle;

an insurance product;

or

a lump sum payment.

33. The system according to claim 31 wherein the plurality of disbursement options include a combination of a partial monetary payment and at least one of:

a non-monetary payment-in-kind;

an investment vehicle;

an insurance product;

or

a lump sum payment.

34. The system according to claim 31 wherein the program, when executed by the processor, is structured to ask the claimant for disbursement specific information.

35. The system according to claim 31 wherein the program, when executed by the processor, is structured to accept via the input a datastream from a disbursement structuring entity that offers the plurality of disbursement options for the payment value.

36. The system according to claim 31 wherein the program, when executed by the processor, is structured to automatedly generate documents containing disbursement specific information.

37. The system according to claim 31 wherein the program, when executed by the processor, is structured to automatedly initiate the settlement payment to the adverse party be paid in accord with the selected disbursement option.

38. An automated system for dispute resolution for settling a dispute between or among adverse parties in a round by round manner which system is capable of multiple rounds comprising:

processor means for processing demands and offers;

means for introducing to the processor means, via a communications linkage, information identifying a dispute, a series of demands to satisfy a claim made by or on behalf of a person involved in the dispute, and a series of offers to settle the claim by an entity adverse to the person asserting the claim;

memory means, accessible by the processor means, for storing the information identifying the dispute, and for temporarily storing the series of demands to satisfy the claim and the series of offers to settle the claim, for use by the processor means in a series of rounds, without disclosure of the series of demands to the adverse entity or series of offers to the person;

settlement means for indicating, when set, settlements of disputes and calculating settlement values as a result thereof;

facilitator means, constrained by a plurality of rules, for prompting, in accordance with the rules, at least one of the person or the entity prior to introducing one of the series of demands or series of offers into the processor means using non-revealing statements;

comparison means within the processor means, for receiving and comparing demands and offers against each other on a round by round basis, in accordance with a preestablished condition and for setting the settlement means when the preestablished condition is satisfied;

means for inhibiting a reuse of an unsuccessful demand, or unsuccessful offer, by the comparison means in any round that is not a power round;

means for communicating a settlement result to the person and the entity;

if, in any round, the settlement means is set, means for offering via the communications linkage a settlement payment of a specified value to be paid to the person;

means for transmitting via the communication linkage notification of the settlement payment

means for transmitting via the communication linkage an offer to select from a plurality of disbursement options to the person; and

means for having the person select one from among the plurality of the disbursement options for the settlement payment of a specified value.

39. The system of claim 38 further comprising means for, when the settlement means is set, accepting a datastream from a disbursement structuring entity which provides the plurality of disbursement options for the settlement payment.

40. The system according to claim 38 further comprising means for asking the person for disbursement specific information.

41. The system according to claim 38 further comprising means for automatedly generating documents containing disbursement specific information.

42. The system according to claim 38 further comprising means for automatedly initiating the settlement payment to the person in accord with the selected disbursement option.

43. The system according to claim 38 wherein the plurality of disbursement options include at least two of:

a non-monetary payment-in-kind;

an investment vehicle;

an insurance product;

or

a lump sum payment.

44. The system according to claim 38 wherein the plurality of disbursement options include a combination of a partial monetary payment and at least one of:

a non-monetary payment-in-kind;

an investment vehicle;

or

an insurance product.

45. An automated method capable of multiple rounds for settling a dispute between or among adverse parties in a round by round manner, the method comprising;

a first step for analyzing, using automation, pairs of values in normal rounds according to a first pre-determined criterion, each of the pairs of values including one value provided by a first party and another value provided by a second party adverse to the first party with respect to a claim, the values in each pair of values differing in magnitude from each other;

a second step for determining if the first criterion is satisfied in a round;

a third step for, when the first criterion is not satisfied, determining if a power round analysis is necessary;

a fourth step for, when the power round analysis is necessary, analyzing a pair of values in accordance with a power round criterion;

a fifth step for, when either the first criterion is satisfied, or the first criterion is not satisfied but the power round criterion is satisfied, generating a payment to be made on the claim;

a sixth step for transmitting notification of the payment;

a seventh step for transmitting an offer to select from a plurality of disbursement options to the adverse party to be paid; and

an eighth step for allowing the adverse party to be paid to select one from among the plurality of the disbursement options for the payment.

46. The method according to claim 45 further comprising:

a step for accepting a datastream from a disbursement structuring entity which provides the plurality of disbursement options for the payment.

47. The method according to claim 45 further comprising:

a step for asking the adverse party to be paid for disbursement specific information.

48. The method according to claim 45 further comprising:

a step automatedly generating documents containing disbursement specific information.

49. The method according to claim 45 further comprising:

a step for automatedly initiating the payment to the adverse party to be paid in accordance with the selected disbursement option.

50. The method according to claim 45 wherein the plurality of disbursement options include at least two of:

a non-monetary payment-in-kind;

an investment vehicle;

an insurance product;

or

a lump sum payment.

51. The method according to claim 45 wherein the plurality of disbursement options include a combination of a partial monetary payment and at least one of:

a non-monetary payment-in-kind;

an investment vehicle;

or

an insurance product.

52. The method according to claim 45 further comprising:

a step for constructing a claim specific facilitating message, for communication to at least one of the first and second parties, that does not reveal a value provided by the first party to the second party and vice-versa.

53. The method according to claim 45 further comprising:

a step for adjusting the payment to provide a windfall benefit to either the first party, when the first party is an initiator for the claim, or the second party when the second party is the initiator for the claim.

54. The method according to claim 45 further comprising:

a step for initiating an on-line transfer of funds equal to the payment from whichever of the first or second party is a second entity for the claim to whichever of the first or second party is a claimant for the claim.

55. The method according to claim 45 further comprising:

a step for on-line generation of documents including an identification of the claim, whichever of the first or second party is a claimant for the claim and the payment.