Online Family Dispute Resolution: Evidence for Creating the Ideal People and Technology Interface (Law, Governance and Technology Series, 45)

Foreword Preface The Motivation for This Book What the Book Shares Acknowledgements Contents Abbreviations List of Figures List of Tables Chapter 1: The Evolution of Family Dispute Resolution and the Need for Online Family Dispute Resolution in Australia 1.1 Introduction 1.2 Historical Development of Alternative Dispute Resolution 1.2.1 Global Adoption of ADR in Family Law 1.3 Appropriate Dispute Resolution in Australian Family Law 1.4 The 2006 Reforms to the Australian Family Law Act 1.5 Delivery Options for Family Alternative Dispute Resolution 1.6 A Brief Introduction to the Potential of an Australian Online Family Dispute Resolution System References Chapter 2: Artificial Intelligence and Online Family Dispute Resolution 2.1 Introduction 2.2 Some Early Artificial Intelligence Systems That Provide Dispute Resolution Advice 2.3 Towards an Intelligent Online Family Dispute Resolution System 2.3.1 DEUS 2.3.2 Split-Up and Family Dispute Resolution 2.3.3 Asset Divider and Game Theoretic Approaches to Family Dispute Resolution References Chapter 3: Current Research and Practice in Online Family Dispute Resolution 3.1 Introduction 3.2 Method 3.2.1 Search Strategy 3.2.2 Search Results 3.3 Results 3.4 Discussion 3.5 ODR-Related Services and Programs 3.5.1 Method 3.5.2 Results References Chapter 4: Case Study: The Development and Evaluation of Relationship Australia Queensland ́s Online Family Dispute Resolution ... 4.1 Introduction 4.2 Developing OFDR Capabilities 4.2.1 System Design and Features 4.3 OFDR Services and Processes 4.4 Testing and Training 4.5 Evaluation 4.5.1 Time 1: Pre Go-Live Testing 4.5.1.1 Organisational Context 4.5.1.2 Job Analysis 4.5.1.3 Individual-Level Considerations 4.5.2 Time 2: Client Registration 4.5.3 Time 3: Intake 4.5.4 Time 4: Pre-FDR Education Session 4.5.5 Time 5: OFDR Session 4.6 Recommendations 4.7 Conclusion References Chapter 5: Engaging Indigenous Peoples in Technology Supported Human Service Offerings 5.1 Introduction 5.2 Project Context 5.3 The Historical Context of Research Involving Indigenous Peoples 5.4 Ethical Considerations 5.5 Methodology 5.5.1 Participatory Action Research 5.5.2 Participants 5.6 Method 5.7 Results 5.7.1 Focus Group Content 5.7.2 Reflective Content 5.8 Discussion 5.8.1 Strengths 5.8.2 Limitations 5.8.3 Future Research References Chapter 6: Concluding Thoughts 6.1 Introduction 6.2 Lessons Learned 6.2.1 Considerations for Uptake 6.2.1.1 Client Considerations 6.2.1.2 Pre-OFDR Education 6.2.1.3 Staff Considerations 6.2.2 Considerations for Technology 6.2.2.1 Ethics and Safety 6.3 Recommendations for Future Research and Practice 6.3.1 Mobile Device-Supported OFDR 6.3.2 The Suitability of Domestic Violence Cases to OFDR 6.3.3 Expanding the Capabilities of OFDR 6.3.4 Cultural and Contextual Considerations 6.3.5 Advancing Research and Evaluation 6.4 Conclusion References Glossary Index Foreword 6 Preface 9 The Motivation for This Book 9 What the Book Shares 9 Acknowledgements 11 Contents 13 Abbreviations 16 List of Figures 18 List of Tables 19 Chapter 1: The Evolution of Family Dispute Resolution and the Need for Online Family Dispute Resolution in Australia 20 1.1 Introduction 20 1.2 Historical Development of Alternative Dispute Resolution 21 1.2.1 Global Adoption of ADR in Family Law 22 1.3 Appropriate Dispute Resolution in Australian Family Law 24 1.4 The 2006 Reforms to the Australian Family Law Act 26 1.5 Delivery Options for Family Alternative Dispute Resolution 28 1.6 A Brief Introduction to the Potential of an Australian Online Family Dispute Resolution System 30 References 34 Chapter 2: Artificial Intelligence and Online Family Dispute Resolution 36 2.1 Introduction 36 2.2 Some Early Artificial Intelligence Systems That Provide Dispute Resolution Advice 40 2.3 Towards an Intelligent Online Family Dispute Resolution System 42 2.3.1 DEUS 46 2.3.2 Split-Up and Family Dispute Resolution 47 2.3.3 Asset Divider and Game Theoretic Approaches to Family Dispute Resolution 49 References 52 Chapter 3: Current Research and Practice in Online Family Dispute Resolution 55 3.1 Introduction 55 3.2 Method 56 3.2.1 Search Strategy 56 3.2.2 Search Results 57 3.3 Results 59 3.4 Discussion 72 3.5 ODR-Related Services and Programs 74 3.5.1 Method 74 3.5.2 Results 75 References 79 Chapter 4: Case Study: The Development and Evaluation of Relationship Australia Queensland ́s Online Family Dispute Resolution ... 81 4.1 Introduction 81 4.2 Developing OFDR Capabilities 82 4.2.1 System Design and Features 83 4.3 OFDR Services and Processes 85 4.4 Testing and Training 89 4.5 Evaluation 90 4.5.1 Time 1: Pre Go-Live Testing 93 4.5.1.1 Organisational Context 94 4.5.1.2 Job Analysis 95 4.5.1.3 Individual-Level Considerations 95 4.5.2 Time 2: Client Registration 96 4.5.3 Time 3: Intake 98 4.5.4 Time 4: Pre-FDR Education Session 99 4.5.5 Time 5: OFDR Session 102 4.6 Recommendations 102 4.7 Conclusion 103 References 104 Chapter 5: Engaging Indigenous Peoples in Technology Supported Human Service Offerings 107 5.1 Introduction 107 5.2 Project Context 109 5.3 The Historical Context of Research Involving Indigenous Peoples 111 5.4 Ethical Considerations 112 5.5 Methodology 112 5.5.1 Participatory Action Research 112 5.5.2 Participants 113 5.6 Method 114 5.7 Results 117 5.7.1 Focus Group Content 117 5.7.2 Reflective Content 120 5.8 Discussion 122 5.8.1 Strengths 123 5.8.2 Limitations 124 5.8.3 Future Research 124 References 125 Chapter 6: Concluding Thoughts 129 6.1 Introduction 129 6.2 Lessons Learned 132 6.2.1 Considerations for Uptake 132 6.2.1.1 Client Considerations 133 6.2.1.2 Pre-OFDR Education 133 6.2.1.3 Staff Considerations 134 6.2.2 Considerations for Technology 135 6.2.2.1 Ethics and Safety 136 6.3 Recommendations for Future Research and Practice 137 6.3.1 Mobile Device-Supported OFDR 137 6.3.2 The Suitability of Domestic Violence Cases to OFDR 138 6.3.3 Expanding the Capabilities of OFDR 139 6.3.4 Cultural and Contextual Considerations 140 6.3.5 Advancing Research and Evaluation 140 6.4 Conclusion 141 References 143 Glossary 145 Index 152 This book brings together the expertise of two authors involved in initiating the development of Online Family Dispute Resolution (OFDR), while also examining the unique Australian system. The family arena generally comprises property or child-related disputes arising between parents, whether married or not, and whether the parties have lived together or not. A special feature of Australia’s OFDR system is that it deals with children’s issues rather than focusing on property distribution. The book first discusses how technological innovations have transformed dispute resolution services to families. It explores the need for OFDR and how such systems can potentially be implemented. In turn, the coverage shifts to screening tools used prior to a Family Dispute Resolution session to ensure that online systems are appropriate for the case under dispute and the people involved. Readers will then learn about the necessary training required – for administrators, practitioners and clients alike - for OFDR to be successful. In addition, the book offers a comprehensive evaluation of the system and reflects on the lessons learned to date. In closing, it suggests ways in which OFDR could be further developed and applied to family disputes around the world.