System and method for providing complete non-judicial dispute resolution management and operation
First Claim
1. A system for managing non-judicial dispute resolution comprising:
- an electronic architecture which receives, sorts, and stores data related to non-judicial dispute resolution for implementation and management of a full range of non-judicial dispute resolution procedures between two or more adverse parties to a dispute, said architecture comprising;
a management module configured to receive, sort and store said dispute resolution data and to provide an internal continuous compilation of said data and new data generated during said non-judicial dispute resolution procedures; and
a reckoning module connected to said management module for receipt of said dispute resolution data, said reckoning module designed to implement a selected resolution procedure and to transmit to said management module new data generated during said resolution procedure.
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Accused Products
Abstract
A system and method for providing complete non-judicial dispute resolution management and operation. The system includes an electronic architecture which receives, sorts, and stores data related to non-judicial dispute resolution. The architecture enables implementation and management of a full range of non-judicial dispute resolution procedures between two or more adverse parties to a dispute. The system is accessible electronically by wired and/or wireless communications. The architecture includes a management module which is configured to receive, sort and store dispute resolution data and to provide an internal continuous compilation of such data and new data generated during non-judicial dispute resolution procedures. The architecture also includes a reckoning module connected to the management module for receipt of dispute resolution data. The reckoning module is designed to implement a selected resolution procedure and to transmit to the management new data generated during the resolution procedure.
140 Citations
173 Claims
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1. A system for managing non-judicial dispute resolution comprising:
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an electronic architecture which receives, sorts, and stores data related to non-judicial dispute resolution for implementation and management of a full range of non-judicial dispute resolution procedures between two or more adverse parties to a dispute, said architecture comprising;
a management module configured to receive, sort and store said dispute resolution data and to provide an internal continuous compilation of said data and new data generated during said non-judicial dispute resolution procedures; and
a reckoning module connected to said management module for receipt of said dispute resolution data, said reckoning module designed to implement a selected resolution procedure and to transmit to said management module new data generated during said resolution procedure. - View Dependent Claims (2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56)
a) for the value of said demand if said demand is less than said offer;
orb) for the average between said demand and said offer if said demand is within a pre-selected percentage of said offer.
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42. A system as described in claim 41 wherein said pre-selected percentage is from about 5% to about 35%.
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43. A system as described in claim 39 wherein said offer includes a high value and a low value, said high value and said low value establishing a resolution range.
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44. A system as described in claim 43 wherein said pre-selected criteria resolves said dispute:
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a) for the value of said demand if said demand is between said high value and said low value of said resolution range;
orb) for said value of said low value of said resolution range if said demand is less than or equal to said low value.
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45. A system as described in claim 44 wherein said low value is a fixed value and said high value is a changing value.
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46. A system as described in claim 39 wherein said reckoning module transmits said new data generated during said resolution procedure to said management module for compiling, sorting and storing.
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47. A system as described in claim 31 wherein said non-judicial dispute resolution procedure is a mediation.
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48. A system as described in claim 47 wherein said management module provides relevant data to a mediator in response to said mediation selection.
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49. A system as described in claim 48 wherein said mediation is a real-time on-line mediation.
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50. A system as described in claim 48 wherein said mediation is an off-line mediation.
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51. A system as described in claim 31 wherein said non-judicial dispute resolution procedure is an arbitration.
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52. A system as described in claim 51 wherein said management module provides relevant data to an arbitrator in response to said arbitration selection.
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53. A system as described in claim 52 wherein said arbitration is a real-time on-line arbitration.
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54. A system as described in claim 52 wherein said arbitration is an off-line arbitration.
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55. A system as described in claim 1 wherein said system further comprises:
a fee structure for accessing and using said system.
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56. A system as described in claim 55 wherein said fee structure financially rewards resolution and financially penalizes non-resolution.
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57. A system for managing non-judicial dispute resolution comprising:
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an electronic architecture which receives, sorts, and stores data related to non-judicial dispute resolution for implementation and management of a full range of non-judicial dispute resolution procedures, said architecture having multiple types of access and further comprising;
a management module configured to receive, sort and store said dispute resolution data and to provide an internal continuous compilation of said data and new data generated during said non-judicial dispute resolution procedures; and
a reckoning module connected to said management module for receipt of said dispute resolution data, said reckoning module designed to implement a selected resolution procedure and to transmit to said management module new data generated during said resolution procedure. - View Dependent Claims (58, 59, 60)
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61. An electronic architecture for managing non-judicial dispute resolution comprising:
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a management module configured to receive, sort and store dispute resolution data and to provide an internal continuous compilation of said data;
a reckoning module connected to said management module for receipt of said dispute resolution data, said reckoning module designed to utilize said received data, implement a non-judicial dispute resolution procedure and transmit to said management module new data, if any, generated during said resolution procedure; and
wherein said management module, in response to said transmitted new data, groups, sorts and stores said-new data.
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62. A system for managing non-judicial dispute-resolution comprising:
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an electronic interface, said interface providing multiple types of access to an electronic architecture which receives, sorts, and stores data related to non-judicial dispute resolution for implementation and management of a full range of non-judicial dispute resolution procedures, said architecture comprising;
a management module configured to receive, sort and store said dispute resolution data and to provide an internal continuous compilation of said data and new data generated during said non-judicial dispute resolution procedures; and
a reckoning module connected to said management module for receipt of said dispute resolution data, said reckoning module designed to implement a selected resolution procedure and to transmit to said management module new data generated during said resolution procedure. - View Dependent Claims (63, 64, 65)
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66. A method of managing non-judicial dispute resolution comprising:
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providing an accessible architecture which stores non-judicial dispute resolution data and allows said data to be retrieved;
receiving non-judicial dispute resolution data from one or more adverse parties to a dispute;
storing said received data in said architecture; and
prompting said parties to implement a full range of a non-judicial dispute resolution procedures;
wherein said architecture is a tiered level accessible architecture, said tiered level accessible architecture having at least a program manager access and a program user access. - View Dependent Claims (67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118, 119)
providing operational support to be used in connection with said non-judicial dispute resolution procedures.
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81. A method as described in claim 80 wherein said operational support is selected from the group consisting of reporting services, translation services, interpretation services, structure settlement arrangements, and any combination of one or more of said operational supports.
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82. A method as described in claim 66 further comprising:
providing a claims-data storage and retrieval system.
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83. A method as described in claim 82 wherein said storage and retrieval system retains data relating to dispute resolution and enables retrieval of said data by categories.
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84. A method as described in claim 82 wherein said categories are selected from the group consisting of descriptive nature of the dispute, settlement amount, venue, type of injury, body part injured, sex, age, occupation, and any combination of one or more of said categories.
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85. A method as described in claim 82 further comprising providing access to said storage and retrieval system after selecting to forward data relating to all disputes to said storage and retrieval system.
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86. A method as described in claim 85 further comprising maintaining storage and retrieval system data as confidential.
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87. A method as described in claim 66
wherein said full range of non-judicial dispute resolution procedures comprise bid-style negotiations, mediation, and arbitration, which are provided as a substantially seamless array of procedures. -
88. A method as described in claim 87 further comprising implementing a bid-style negotiation.
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89. A method as described in claim 88 wherein said bid-style negotiation is a closed-bid negotiation.
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90. A method as described in claim 88 wherein said bid-style negotiation is an open-bid negotiation.
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91. A method as described in claim 88 further comprising prompting one or more of said parties to said dispute to select a profile.
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92. A method as described in claim 91 wherein said profile is selected from the group consisting of plaintiff and defendant.
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93. A method as described in claim 91 further comprising prompting one or more of said parties to said dispute to select a nature of said dispute.
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94. A method as described in claim 93 wherein said nature of said dispute is selected from the group consisting of loans, business transactions, construction, contracts, credit cards, foreclosures, labor and employment, landlord/tenant, lender liability, partnership agreements, personal injury, professional liability, purchase and sale transactions, rental agreements, intellectual property subrogation, and worker compensation.
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95. A method as described in claim 92 further comprising prompting said party implementing said bid-style negotiation to select an opposing party to said dispute, said opposing party being profiled as a defendant if said implementing party is profiled as a plaintiff and profiled as a plaintiff if said opposing party is profiled as a defendant.
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96. A method as described in claim 95 wherein said opposing party is identifiable from said data stored within said architecture.
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97. A method as described in claim 95 further comprising prompting said party implementing said bid-style negotiation to enter a demand if profiled as a plaintiff or enter an offer if profiled as a defendant.
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98. A method as described in claim 97 further comprising notifying said opposing party that said dispute has been submitted and is awaiting their response.
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99. A method as described in claim 98 further comprising receiving a response from said opposing party.
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100. A method as described in claim 99 further comprising prompting said opposing party to enter a demand if profiled as a plaintiff or enter an offer if profiled as a defendant.
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101. A method as described in claim 100 further comprising comparing said entered demand and said entered offer to pre-selected criteria to determine if said dispute is resolved.
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102. A method as described in claim 101 further comprising notifying said plaintiff and said defendant if said dispute is resolved or is not resolved.
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103. A method as described in claim 101 wherein said pre-selected criteria resolves said dispute:
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a) for the value of said demand if said demand is less than said offer;
orb) for the average between said demand and said offer if said demand is within a pre-selected percentage of said offer.
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104. A method as described in claim 103 wherein said pre-selected percentage is from about 5% to about 35%.
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105. A method as described in claim 101 wherein said offer includes a high value and a low value, said high value and said low value establishing a resolution range.
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106. A method as described in claim 105 wherein said pre-selected criteria resolves said dispute:
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a) for the value of said demand if said demand is between said high value and said low value of said resolution range;
orb) for said value of said low value of said resolution range if said demand is less than or equal to said low value.
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107. A method as described in claim 106 wherein said low value is a fixed value and said high value is a changing value.
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108. A method as described in claim 87 further comprising implementing a mediation.
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109. A method as described in claim 108 further comprising providing relevant data from said architecture to a mediator in response to said implemented mediation.
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110. A method as described in claim 108 wherein said mediation is a real-time on-line mediation.
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111. A method as described in claim 108 wherein said mediation is off-line mediation.
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112. A method as described in claim 111 wherein at least some evidence for consideration by a mediator are submitted on-line.
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113. A method as described in claim 87 further comprising implementing an arbitration.
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114. A method as described in claim 113 further comprising providing relevant data from said architecture to an arbitrator in response to said implemented arbitration.
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115. A method as described in claim 113 wherein said arbitration is a real-time on-line arbitration.
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116. A method as described in claim 113 wherein said arbitration is off-line.
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117. A method as described in claim 116 wherein at least some evidence for consideration by said arbitrator is submitted on-line.
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118. A method as described in claim 66 further comprising:
providing a fee structure for accessing and using said system.
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119. A method as described in claim 118 wherein said fee structure financially rewards resolution and financially penalizes non-resolution.
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120. A method of managing non-judicial dispute resolution comprising:
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accessing an architecture which stores non-judicial dispute resolution data and allows said data to be retrieved;
inputting non-judicial dispute resolution data for storage in said architecture; and
implementing a full range of a non-judicial dispute resolution procedures;
wherein said architecture is a tiered level architecture, said tiered level architecture having at least a program manager access and a program user access. - View Dependent Claims (121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161)
selecting to forward data relating to dispute resolution to a claims-data storage and retrieval system.
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129. A method as described in claim 128 wherein said storage and retrieval system retains said data relating to dispute resolution and enables retrieval of said data by categories.
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130. A method as described in claim 129 wherein said storage and retrieval system categories are selected from the group consisting of descriptive nature of the dispute, settlement amount, venue, type of injury, body part injured, sex, age, occupation, and any combination of one or more of said categories.
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131. A method as described in claim 128 further comprising accessing said storage and retrieval system after selecting to forward data relating to all disputes to said storage and retrieval system.
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132. A method as described in claim 131 wherein said storage and retrieval system data maintained as confidential.
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133. A method as described in claim 120
wherein said full range of non-judicial dispute resolution procedures comprise bid-style negotiations, mediation, and arbitration, which are provided as a substantially seamless array of procedures. -
134. A method as described in claim 133 further comprising implementing a bid-style negotiation.
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135. A method as described in claim 134 wherein said bid-style negotiation is a closed-bid negotiation.
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136. A method as described in claim 135 herein said bid-style negotiation is an open-bid negotiation.
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137. A method as described in claim 136 further comprising selecting a profile.
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138. A method as described in claim 137 wherein said profile is selected from the group consisting of plaintiff and defendant.
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139. A method as described in claim 138 further comprising selecting a nature of said dispute.
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140. A method as described in claim 139 wherein said nature of said dispute is selected from the group consisting of loans, business transactions, construction, contracts, credit cards, foreclosures, labor and employment, landlord/tenant, lender liability, partnership agreements, personal injury, professional liability, purchase and sale transactions, rental agreements, intellectual property, subrogation, and worker compensation.
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141. A method as described in claim 138 further comprising identifying an opposing party to said dispute.
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142. A method as described in claim 141 further comprising entering a demand if said selected profile is plaintiff or entering an offer if said selected profile is defendant.
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143. A method as described in claim 142 further comprising notifying said opposing party that said dispute has been submitted and is awaiting their response.
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144. A method as described in claim 143 further comprising receiving a response from said opposing party.
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145. A method as described in claim 144 further comprising receiving a demand from said opposing party in response to an entered offer or receiving an offer from said opposing party in response to an entered demand.
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146. A method as described in claim 145 further comprising comparing said demand and said offer to pre-selected criteria to determine if said dispute is resolved.
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147. A method as described in claim 146 wherein said pre-selected criteria resolves said dispute:
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a) for the value of said demand if said demand is less than said offer;
orb) for the average between said demand and said offer if said demand is within a pre-selected percentage of said offer.
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148. A method as described in claim 147 wherein said pre-selected percentage is from about 5% to about 35%.
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149. A method as described in claim 148 wherein said offer includes a high value and a low value, said high value and said low value establishing a resolution range.
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150. A method as described in claim 149 wherein said pre-selected criteria resolves said dispute:
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a) for the value of said demand if said demand is between said high value and said low value of said resolution range;
orb) for said value of said low value of said resolution range if said demand is less than or equal to said low value.
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151. A method as described in claim 150 wherein said low value is a fixed value and said high value is a changing value.
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152. A method as described in claim 133 further comprising implementing a mediation.
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153. A method as described in claim 152 further comprising providing relevant data from said architecture to a mediator in response to said implemented mediation.
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154. A method as described in claim 152 wherein said mediation is a real-time on-line mediation.
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155. A method as described in claim 152 wherein said mediation is off-line mediation.
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156. A method as described in claim 155 wherein at least some evidence for consideration by a mediator are submitted on-line.
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157. A method as described in claim 133 further comprising implementing an arbitration.
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158. A method as described in claim 157 further comprising providing relevant data from said architecture to an arbitrator in response to said implemented arbitration.
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159. A method as described in claim 157 wherein said arbitration is a real-time on-line arbitration.
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160. A method as described in claim 157 wherein said arbitration is off-line arbitration.
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161. A method as described in claim 160 wherein at least some evidence for consideration by an arbitrator is submitted on-line.
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162. A method of managing non-judicial dispute resolution comprising:
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accessing an architecture which stores non-judicial dispute resolution data and allows said data to be retrieved;
inputting non-judicial dispute resolution data for storage in said architecture;
implementing a full range of a non-judicial dispute resolution procedures; and
selecting operational support to be used in connection with said non-judicial dispute resolution procedures. - View Dependent Claims (163)
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164. A method of managing non-judicial dispute resolution comprising:
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accessing an architecture in response to an implemented non-judicial dispute resolution procedure, said architecture having non-judicial dispute resolution data retrievably stored therein; and
inputting additional non-judicial dispute resolution data for retrievable storage in said architecture and for use during said implemented resolution procedure;
wherein said architecture is a tiered level architecture, said tiered level architecture having at least a program manager access and a program user access. - View Dependent Claims (165, 166, 167, 168, 169, 170, 171, 172, 173)
wherein said implemented non-judicial dispute resolution procedure comprises one or more of bid-style negotiations, mediation, and arbitration. -
173. A method as described in claim 165 further comprising:
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selelting from a plurality of selectable choices so as to retriere relevant data from said architecture;
wherein said selectable choices are selected from the group consisting of informing parties of disputes submitted which request their response, informing parties of settled disputes, marking disputes active, generating priority dispute lists, generating activity reports, providing billing information, generating summary reports for any or all accounts, generating audit reports, and any combination of one or more of said choices.
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Specification