Automated cross-cultural conflict management

• US 8,364,602 B2
• Filed: 12/03/2004
• Issued: 01/29/2013
• Est. Priority Date: 11/13/2000
• Status: Expired due to Fees

• Current Assignee: eBay Inc.
• Original Assignee: eBay Inc.
• Inventors: Femenia, Nora, Pomerance, Brenda
• Primary Examiner(s): Elisca, Pierre E
• Application Number:
  US11/004,699
• Publication Number:
  US 20050171917A1
• Time in Patent Office: 2,979 Days
• Field of Search: 705/80, 705/50, 705/51, 705/1
• US Class Current: 705/80
• CPC Class Codes: G06Q 10/10 Office automation; Time management
• CPC Class Codes: G06Q 50/188 Electronic negotiation

Abstract

A conflict or dispute between at least two parties is managed to reflect the cultural context of the parties. When the party is from a low context culture, conflict management assumes the party prefers to adopt a transactional viewpoint and to select from a set of possible resolutions. When the party is from a high context culture, dispute resolution assumes the party prefers to view the dispute as part of a relationship and to be advised as to appropriate actions. A system bridges between the cultural contexts of the parties by collecting and providing information in accordance with the preferred procedure of each party.

Claims

1. A method of resolving a dispute related to a preexisting contract, the method comprising:

receiving in a computerized system a request from an initiator for dispute resolution related to non-performance of the preexisting contract between the initiator and a respondent; and

presenting via the computerized system information related to the request for dispute resolution to the respondent in a cultural context different from that of the initiator, the difference in the cultural contexts being a high-context culture relative to a low-context culture.

2. The method for resolving a dispute of claim 1, further comprising:

receiving in the computerized system respondent information related to the dispute from the respondent, and

presenting via the computerized system the respondent information related to the dispute to the initiator.

3. The method of claim 2, further comprising:

multiple iterations of receiving information from at least one of the initiator or respondent; and

presenting the received information to the other of the initiator or respondent.

4. The method for resolving a dispute of claim 1, wherein the low-context culture is a transaction-based culture and the high-context culture is a relationship-based culture.

5. The method for resolving a dispute of claim 1, wherein information related to the request for dispute resolution comprises appropriate actions.

6. The method for resolving a dispute of claim 1, wherein the information related to the request for dispute resolution comprises possible resolutions.

7. The method for resolving a dispute of claim 1, wherein the information related to the request for dispute resolution further comprises at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm.

8. The method for resolving a dispute of claim 1, wherein the information related to the request for dispute resolution comprises a user rating of at least one of cost or desirability of at least one factor.

9. The method for resolving a dispute of claim 1, wherein the dispute is regarding an online transaction.

10. The method for resolving a dispute of claim 9, wherein the online transaction is an online auction.

11. A method of resolving a dispute related to a preexisting contract, the method comprising:

receiving from an initiator a request for dispute resolution related to non-performance of the preexisting contract between the initiator and a respondent; and

presenting via a computerized system information related to the request for dispute resolution to the respondent, the information related to the request for dispute resolution including at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm.

12. The method for resolving a dispute of claim 11, wherein the incentive comprises at least one incentive, the incentives including an extension of credit, serving as a reference, providing introductions, providing training, and providing marketing.

13. The method for resolving a dispute of claim 11, wherein the punishment comprises at least one punishment, the punishment including filing a complaint, filing a lawsuit, repossession, termination of a business relationship, and seeking arbitration.

14. The method for resolving a dispute of claim 11, wherein the desired outcome comprises at least one desired outcome, the desired outcome including payment for goods, delivery of goods, a whole or partial refund, agreement to revised terms, and unwinding a transaction.

15. The method for resolving a dispute of claim 11, wherein the harm comprises at least one type of harm, the harm including a harm that has been realized, a harm that will occur in the future, and an action taken to mitigate damages.

16. The method for resolving a dispute of claim 11, further comprising:

receiving in the computerized system respondent information related to the dispute from the respondent; and

presenting via the computerized system the respondent information related to the dispute to the initiator.

17. The method for resolving a dispute of claim 16, further comprising:

multiple iterations of receiving information from at least one of the initiator or respondent; and

presenting the received information to the other of the initiator or respondent.

18. The method for resolving a dispute of claim 11, wherein the dispute is regarding an online transaction.

19. The method for resolving a dispute of claim 18, wherein the online transaction is an online auction.

20. The method for resolving a dispute of claim 11, wherein the presenting via the computerized system information related to the request for dispute resolution to the respondent comprises presentation of the information in a cultural context different from that of the initiator.

21. The method for resolving a dispute of claim 20, wherein the difference in cultural contexts is a high context culture context relative to a low context culture context.

22. The method for resolving a dispute of claim 20, wherein the difference in cultural contexts is a transaction-based cultural context relative to a relationship-based cultural context.

23. A computerized mediation system, comprising:

a network connection linking the computerized mediation system to at least one other computer system of an initiator or a respondent; and

a dispute resolution module operable to resolve a dispute related to non-performance of a preexisting contract, by receiving a request from an initiator for dispute resolution related to the preexisting contract between the initiator and the respondent, and by presenting information related to the request for dispute resolution to the respondent in a cultural context different from that of the initiator, the difference in the cultural contexts being a high-context culture relative to a low-context culture.

24. The computerized mediation system of claim 23, wherein the dispute resolution module comprises software executable on the computerized mediation system.

26. The computerized mediation system of claim 23, the dispute resolution module further operable to receive respondent information related to the dispute from the respondent, and to present via the computerized system the respondent information related to the dispute to the initiator.

27. The computerized mediation system of claim 23, wherein the information related to the request for dispute resolution further comprises at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm.

28. The computerized mediation system of claim 23, wherein the dispute is regarding an online transaction.

29. The computerized mediation system of claim 28, wherein the online transaction is an online auction.

25. The computerized mediation system of clam 23, further comprising nonvolatile storage operable to store information related to the request for dispute resolution.

30. A computerized mediation system, comprising:

a network connection linking the computerized mediation system to at least one other computer system of an initiator or a respondent; and

a dispute resolution module operable to receive from an initiator a request for dispute resolution related to non-performance of a preexisting contract between the initiator and the respondent, and to present information related to the request for dispute resolution to the respondent, the information related to the request for dispute resolution including at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm.

31. The computerized mediation system of claim 30, wherein the incentive comprises at least one incentive, the incentives including an extension of credit, serving as a reference, providing introductions, providing training, and providing marketing.

32. The computerized mediation system of claim 30, wherein the punishment comprises at least one punishment, the punishment including filing a complaint, filing a lawsuit, repossession, termination of a business relationship, and seeking arbitration.

33. The computerized mediation system of claim 30, wherein the desired outcome comprises at least one desired outcome, the desired outcome including payment for goods, delivery of goods, a whole or partial refund, agreement to revised terms, and unwinding a transaction.

34. The computerized mediation system of claim 30, wherein the harm comprises at least one type of harm, the harm including a harm that has been realized, a harm that will occur in the future, and an action taken to mitigate damages.

35. The computerized mediation system of claim 30, further comprising:

the computerized system to receive respondent information related to the dispute from the respondent; and

the computerized system further to present the respondent information related to the dispute to the initiator.

36. The computerized mediation system of claim 35, further comprising:

the computerized system to receive multiple iterations of information from at least one of the initiator or respondent; and

the computerized system to present received information to the other of the initiator or respondent.

37. The computerized mediation system of claim 30, wherein the presenting via the computerized system information related to the request for dispute resolution to the respondent comprises presentation of the information in a cultural context different from that of the initiator.

38. The computerized mediation system of claim 37, wherein the difference in cultural contexts is a high context culture context relative to a low context culture context.

39. The computerized mediation system of claim 37, wherein the difference in cultural contexts is a transaction-based cultural context relative to a relationship-based cultural context.

40. A machine-readable storage medium having instructions stored thereon that when executed by one or more processors are operable to cause a computerized system to perform operations comprising:

receiving via a network connection a request from an initiator for dispute resolution related to non-performance of a preexisting contract between the initiator and a respondent; and

presenting via a network connection information related to the request for dispute resolution to the respondent in a cultural context different from that of the initiator, the difference in the cultural contexts being a high-context culture relative to a low-context culture.

41. The machine-readable storage medium of claim 40, further comprising:

receiving respondent information related to the dispute from the respondent; and

presenting the respondent information related to the dispute to the initiator.

42. The machine-readable storage medium of claim 40, wherein the information related to the request for dispute resolution further comprises at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm.

43. The machine-readable storage medium of claim 40, wherein the dispute is regarding an online transaction.

44. The machine-readable storage medium of claim 43, wherein the online transaction is an online auction.

45. A machine-readable storage medium having instructions stored thereon that when executed by one or more processors are operable to cause a computerized system to perform operations comprising:

receiving from an initiator a request for dispute resolution related to non-performance of a preexisting contract between the initiator and a respondent; and

presenting information related to the request for dispute resolution to the respondent, the information related to the request for dispute resolution including at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm.

46. The machine-readable storage medium of claim 45, wherein the incentive comprises at least one of extension of credit, serving as a reference, providing introductions, providing training, and providing marketing.

47. The machine-readable storage medium of claim 45, wherein the punishment comprises at least one of the following punishments including filing a complaint, filing a lawsuit, repossession, termination of a business relationship, and seeking arbitration.

48. The machine-readable storage medium of claim 45, wherein the desired outcome comprises at least one of the desired outcomes including payment for goods, delivery of goods, a whole or partial refund, agreement to revised terms, and unwinding a transaction.

49. The machine-readable storage medium of claim 45, wherein the harm comprises at least one of the harms including a harm that has been realized, a harm that will occur in the future, and an action taken to mitigate damages.

50. The machine-readable storage medium of claim 45, further comprising:

receiving respondent information related to the dispute from the respondent; and

presenting the respondent information related to the dispute to the initiator.

51. The machine-readable storage medium of claim 50, further comprising:

receiving multiple iterations of information from at least one of the initiator or respondent; and

presenting the received information to the other of the initiator or respondent.

52. The machine-readable storage medium of claim 45, wherein the presenting via the computerized system information related to the request for dispute resolution to the respondent comprises presentation of the information in a cultural context different from that of the initiator.

53. The machine-readable storage medium of claim 52, wherein the difference in cultural contexts is a high context culture context relative to a low context culture context.

54. The machine-readable storage medium of claim 52, wherein the difference in cultural contexts is a transaction-based cultural context relative to a relationship-based cultural context.

55. A method of resolving a dispute related to a preexisting contract, the method comprising:

receiving in a computerized system a request from an initiator for dispute resolution related to non-performance of the preexisting contract between the initiator and a respondent;

presenting via the computerized system information related to the request for dispute resolution to the respondent in a cultural context different from that of the initiator;

receiving in the computerized system respondent information related to the dispute from the respondent; and

presenting via the computerized system the respondent information related to the dispute to the initiator, the information related to the request for dispute resolution including at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm, the information related to the request for dispute resolution further comprising a user rating from at least one of the initiator or the respondent of at least one of cost or desirability of the at least one factor.

56. The method for resolving a dispute of claim 55, wherein the dispute is regarding an online transaction.

57. The method for resolving a dispute of claim 56, wherein the online transaction is an online auction.

58. A method of resolving a dispute related to a preexisting contract, the method comprising:

receiving from an initiator a request for dispute resolution related to the preexisting contract between the initiator and a respondent;

presenting via the computerized system information related to the request for dispute resolution to the respondent, the information related to the request for dispute resolution including at least one factor, the at least one factor comprising at least one of an incentive, a punishment, a desired outcome, and a harm;

receiving in the computerized system respondent information related to the dispute from the respondent; and

presenting via the computerized system the respondent information related to the dispute to the initiator, the receiving and presenting of the respondent information including multiple iterations of receiving information from at least one of the initiator or respondent and presenting the received information to the other of the initiator or respondent.

59. The method for resolving a dispute of claim 58, wherein the presenting via the computerized system information related to the request for dispute resolution comprises presentation of information in a cultural context different from that of at least one of the initiator or the respondent.