System and method for providing automated dispute resolution between or among multiple parties

• US 8,150,774 B2
• Filed: 10/30/2007
• Issued: 04/03/2012
• Est. Priority Date: 08/06/1998
• Status: Expired due to Fees

• Current Assignee: Cybersettle Holding Incorporated
• Original Assignee: Cybersettle Holdings, Inc. (CyberSettle, Inc)
• Inventors: Burchetta, James D., Brofman, Charles S.
• Primary Examiner(s): Rosen, Nicholas D
• Application Number:
  US11/981,272
• Publication Number:
  US 20080140582A1
• Time in Patent Office: 1,617 Days
• Field of Search: 705/1, 705/4, 705/37, 705/80, 705/500, 705/1.1, 705/26.3
• US Class Current: 705/80
• CPC Class Codes: G06Q 20/02 involving a neutral party, e.g. certification authority, notary or trusted third party [TTP]
• CPC Class Codes: G06Q 20/389 Keeping log of transactions for guaranteeing non-repudiation of a transaction
• CPC Class Codes: G06Q 20/42 Confirmation, e.g. check or permission by the legal debtor of payment
• CPC Class Codes: G06Q 50/188 Electronic negotiation

Abstract

A computer executable system and method for dispute resolution which includes the ability to resolve claims between or among multiple parties.

Claims

1. A computer executable method for dispute resolution between or among multiple parties, the method which when executed on a computer comprising:

a) receiving at least one demand from each of one or more first parties for each claim of each first party;

b) receiving at least one settlement offer from each of one or more second parties for all or a portion of each first party'"'"'s claim;

c) preventing disclosure of the demands to all second parties and preventing disclosure of each settlement offer to all first parties;

d) calculating differences between the demands and the settlement offers in rounds, each of the differences being calculated using the settlement offers or offers corresponding to the demand or demands;

e) calculating the percentage each settlement offer represents of the total settlement offered by each second party in that round for each corresponding demand;

f) if the total settlement offer or offers corresponding to the demand or demands fall within at least one predetermined criterion including at least one criterion allowing for enabling a settlement when the demand is greater than the offer, calculating the percentage each second party will pay toward each corresponding demand, and transmitting a message to the parties that some or all of the claims are resolved;

g) if the total settlement offers corresponding to the demand or demands do not fall within at least one predetermined criterion for any claims, transmitting a message to the parties that no claims have been resolved; and

h) repeating the above steps on a round by round basis until at least one claim has been resolved or until the parties determine that no resolution can be achieved, wherein the computer automatedly executes each round in accord with the at least one predetermined criterion.

2. A method according to claim 1 wherein there is one first party and two or more second parties.

3. A method according to claim 2 wherein:

(a) the first party submits one demand in the first round and each second party submits one settlement offer in the first round;

(b) each settlement offer is calculated as a percentage of the amount each second party believes is the appropriate settlement amount for all second parties;

(c) if the total settlement amount falls within a predetermined settlement criterion then, apportioning the total settlement between or among each second party according to the percentage that party'"'"'s settlement proposal constitutes of its proportion of what it believes was the appropriate settlement amount for all second parties;

or (d) if the total settlement amount does not fall within the predetermined criterion to produce a settlement, repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until a settlement is reached and communicated to the parties or until sufficient rounds are concluded until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed or (iii) at least one party concludes no resolution can be achieved.

4. A method according to claim 2 wherein:

(a) the first party submits two or three demands in the first round and each second party submits one settlement offer in the first round;

(b) each settlement offer is calculated as a percentage of the amount each second party believes is the appropriate settlement amount for all second parties;

(c) if the total settlement amount falls within a predetermined settlement criterion, apportioning the total settlement between or among each second party according to the percentage that party'"'"'s settlement proposal constitutes of its proportion of what it believes was the appropriate settlement amount for all second parties;

or (d) if the total settlement amount does not fall within the predetermined criterion to produce a settlement, repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until a settlement is reached and communicated to the parties or until sufficient rounds are concluded until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed or (iii) at least one party concludes no resolution can be achieved.

5. A method according to claim 4 wherein the first party submits a demand and the three second parties each submit an offer representing what each believes its share is of the total value of the demand;

each second party'"'"'s offer is calculated as a percentage of what that party believes is the value of the demand;

performing a calculation to determine if the aggregate of the second parties'"'"' offers falls with a predetermined criterion for resolution of the first party'"'"'s demand;

if that is the case, all parties are notified if a resolution has been achieved;

each second party then pays a percentage of the total demand equivalent to the percentage its offer bore to the value that party assigned to its portion of the demand;

if a complete resolution is not achieved, further rounds of demands and offers are conducted until;

(i) a complete resolution is achieved;

(ii) a predetermined number of rounds has been completed;

or (iii) all parties decide not to participate further.

6. A method according to claim 2 wherein:

(a) the first party submits one demand in the first round and each second party submits two or three settlement offers in the first round;

(b) each settlement offer is calculated as a percentage of the amount each second party believes is the appropriate settlement amount for all second parties;

(c) if the total settlement amount falls within a predetermined settlement criterion then, apportioning the total settlement between or among each second party according to the percentage that party'"'"'s settlement proposal constitutes of its proportion of what it believes was the appropriate settlement amount for all second parties;

or (d) if the total settlement amount does not fall within the predetermined criterion to produce a settlement, repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until a settlement is reached and communicated to the parties or until sufficient rounds are concluded until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed or (iii) at least one party concludes no resolution can be achieved.

7. A method according to claim 6 wherein if one or two of the three parties decide not to participate further, the remaining parties can continue round by round to attempt to resolve the demand as it relates to that settlement party.

8. A method according to claim 2 wherein:

(a) the first party submits two or three demands in the first round and each second party submits one settlement offer in the first round;

(b) each settlement offer is calculated as a percentage of the amount each second party believes is the appropriate settlement amount for all second parties;

(c) if the total settlement amount falls within a predetermined settlement criterion then, apportioning the total settlement between or among each second party according to the percentage that party'"'"'s settlement proposal constitutes of its proportion of what it believes was the appropriate settlement amount for all second parties;

or (d) if the total settlement amount does not fall within the predetermined criterion to produce a settlement, repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until a settlement is reached and communicated to the parties or until sufficient rounds are concluded until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed or (iii) at least one party concludes no resolution can be achieved.

9. A method according to claim 2 wherein:

(a) the first party submits one demand in the first round and each second party submits two or three settlement offers in the first round;

(b) each settlement offer is calculated as a percentage of the amount each second party believes is the appropriate settlement amount for all second parties;

(c) if the total settlement amount falls within a predetermined settlement criterion then, apportioning the total settlement between or among each second party according to the percentage that party'"'"'s settlement proposal constitutes of its proportion of what it believes was the appropriate settlement amount for all second parties;

or (d) if the total settlement amount does not fall within the predetermined criterion to produce a settlement, repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until a settlement is reached and communicated to the parties or until sufficient rounds are concluded until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed or (iii) at least one party concludes no resolution can be achieved.

10. A method according to claim 1 wherein there are two or more first parties and one second party.

11. A method according to claim 10 wherein:

(a) each first party submits one demand in the first round and the second party submits one settlement offer for each demand in the first round;

(b) calculating the differences, if any, between each settlement offer and each corresponding demand to determine if any fall within a predetermined criterion;

(c) any demand and offer which fall within a predetermined criterion result in a resolution of that demand;

(d) if any demand and offer do not fall within a predetermined criterion such as to result in a resolution, repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed, or (iii) at least one party concludes no resolution can be achieved.

12. A method according to claim 10 wherein:

(a) each first party submits two or three demands in the first round and the second party submits one settlement offer to each first party in the first round;

(b) calculating the differences, if any, between each settlement offer and each corresponding demand to determine if any fall within a predetermined criterion;

(c) any demand and offer which fall within a predetermined criterion result in a resolution of that demand;

(d) if any demand and offer do not fall within a predetermined criterion such as to result in a resolution repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed, or (iii) at least one party concludes no resolution can be achieved.

13. A method according to claim 10 wherein:

(a) each first party submits one demand in the first round and the second party submits two or three settlement offers for each demand in the first round;

(b) calculating the differences, if any, between each settlement offer and each corresponding demand to determine if any fall within a predetermined criterion;

(c) any demand and offer which fall within a predetermined criterion result in a resolution of that demand;

(d) if any demand and offer do not fall within a predetermined criterion such as to result in a resolution, repeating steps (a) through (c) on a round by round basis using the same or a different predetermined criterion until (i) a complete resolution of all demands is achieved, (ii) a predetermined number of rounds is completed, or (iii) at least one party concludes no resolution can be achieved.

14. A method according to claim 1 wherein there are two or more first parties and two or more second parties.

15. A method according to claim 1 further comprising:

a power round, wherein any party may request a power round which uses at least one criterion which is different from the criterion of the preceding round.

16. A method according to claim 1 wherein if a resolution is not reached as to all parties after a predetermined number of rounds, any party may request the issuance of a facilitating message to assist in resolution in the next round.

17. A method according to claim 1 further comprising:

the step of transferring funds from each settlement offer or upon resolution of that party'"'"'s claim to the party whose demand has been resolved.

18. A method according to claim 17 further comprising:

the steps of notifying the party on whose behalf funds are transferred and notifying the party receiving said funds that the funds are being transferred to that party.

19. A method according to claim 17 wherein a fee is paid for the transfer of funds.

20. A method according to claim 17 wherein a fee is paid through a computer.

21. A method according to claim 17 wherein the funds transferred upon resolution are a discounted amount of the settlement offer upon which resolution was based.

22. A method according to claim 17 wherein the funds provided are in the form of an annuity.

23. A method according to claim 17 wherein the funds provided are in the form of a loan to the party or parties who owe the payment.

24. A method according to claim 23 which further comprises deducting a fee for providing the loan.

25. A method according to claim 1 wherein any first party can request a facilitator to assist in attempting to reach a partial or complete resolution.

26. A method according to claim 1 wherein any second party can request a facilitator to assist in attempting to reach a partial or complete resolution.

27. A method according to claim 1 wherein any one or more of the first parties and any one or more of the second parties can request a facilitator to assist in attempting to reach a partial or complete resolution.

28. A method according to claim 1 wherein any first party can request settlement by a specific mode of payment.

29. A method according to claim 1 wherein any second party can offer a specific mode of payment to settle the demand of any first party.

30. A method according to claim 1 wherein there is one first party and three second parties.

31. A method according to claim 1 comprising at least two rounds.

32. A method according to claim 1 conducted via the Internet.

33. A method according to claim 1 for the resolution of a class action wherein each first party is a plaintiff and submits at least one demand and each second party is a defendant and submits one settlement offer for each demand of each first party it desires to resolve, said method comprising at least one round.

34. A method according to claim 1 wherein the at least one demand is received before the at least one offer.

35. A method according to claim 1 wherein the at least one offer is received before the at least one demand.

36. A method according to claim 1 wherein each first party submits two or three demands before each second party submits any offer.

37. A method according to claim 1 wherein each second party submits two or three offers before each first party submits any demand.

38. A method according to claim 1 wherein one of the parties can specify a maximum number of rounds.

39. An automated system for resolving disputes between or among multiple parties which comprises:

(a) input means for receiving at least one demand from each of one or more first parties for each claim of each first party and for receiving at least one settlement offer from each of one or more second parties for all or a portion of each first party'"'"'s claim;

(b) means for preventing disclosure of the demands of all second parties and preventing disclosure of the settlement offer to all first parties;

(c) a processor for calculating the differences between the demands and settlement offers in rounds wherein each of the differences is calculated using the settlement offer or offers corresponding to the demand or demands, wherein said processor has at least one predetermined criterion including at least one criterion allowing for enabling a settlement when the demand is greater than the offer, which it applies to the demands and settlement offers;

(d) means for calculating the percentage each settlement offer represents of the total settlement offered by each second party in that round for each corresponding demand;

(e) said processor being configured to determine if the total settlement offer or offers corresponding to the demand or demands fall within the at least one predetermined criterion whereupon, if the total settlement offer or offers do, said processor is configured to calculate the percentage each second party will pay towards each corresponding demand and transmits a message at least one of the parties that some or all of the claims are resolved;

(f) if the total settlement offers corresponding to the demand or the demands do not fall within at least one predetermined criteria for any claims, the means for transmitting is configured to transmit a message to at least one of the parties that no claim has been resolved; and

(g) wherein said system is configured to repeat the above procedure on a round by round basis until at least one claim has been resolved or until the parties utilize input means to inform the system that no resolution can be achieved.

40. A system according to claim 39 which further comprises means whereby any party may request a power round which uses at least one criterion which is different from that used in the preceding round.

41. A system according to claim 39 further comprising input means by which any party may request a facilitating message be issued to assist in resolution in the next round.

42. A system according to claim 39 which further comprises means for transferring funds from each settlement offer or upon that party'"'"'s resolution of its portion of the claim.

43. A system according to claim 42 further comprising means for paying a fee for the transfer of funds.

44. A system according to claim 42 wherein said means comprises a computer.

45. A system according to claim 42 wherein the means whereby the funds are transferred upon resolution discounts the amount of the settlement offer upon which resolution was based.

46. A system according to claim 42 wherein the means whereby the funds are provided makes the payment in the form of an annuity.

47. A system according to claim 42 wherein the means whereby the funds are provided makes the payment in form of a loan to the party or parties who owe payments.

48. A system according to claim 47 which further comprises means for deducting a fee for providing the loan and paying the fee to the payee.

49. A system according to claim 39 further comprising input means whereby the at least one first party can notify the at least one second party the manner in which payment should be made upon resolution of the at least one first party'"'"'s claim.

50. A system according to claim 39 further comprising means whereby any first party can request settlement by a specific mode of payment.

51. A system according to claim 39 further comprising means whereby any second party can offer a specific mode of payment to settle the demand of any first party.

52. A system according to claim 39 connected to the Internet.