E-negotiation in the EU: Current Experiences, Challenges, and New Scenarios

Historically, there is a large body of published studies focusing on the concept of ‘negotiation’, per se, in various disciplines. Over recent decades a considerable amount of literature has been published on e-negotiation. Among all the existing literature, the majority of scholarly opinions can be found in the fields of behavioural sciences, computer science, and law. In each field of study, scholars have tried to define the concept of e-negotiation based on different elements, such as the nature of disputed subject-matter, the type of procedure, and means to conduct e-negotiation as well as the purpose of conducting e-negotiation. Due to the use of divergent elements, the definition of e-negotiation varies in the literature of these disciplines leading to terminological confusion. Moreover, in conducting CREA (Conflict Resolution with Equitative Algorithms) and NEMESIS (Negotiation and Mediation Sensible Issues’ Solutions) projects, the authors worked in close collaboration with research groups composed of computer scientists and behavioural economists, to design an e-negotiation software for resolving civil disputes. As jurists, we found that there is an insufficient degree of common understanding of ‘e-negotiation’ among legal scholars on the one hand, and computer and behavioural scientists on the other.4 Thus, as the main focus of this study is ‘e-negotiation’ within these two contexts, it is essential to provide a clear conceptual explanation of this term that helps to better understand the discussions in sections II and III of this Chapter. The present Chapter also aims at exploring the application of e-negotiation – as part of the Online Dispute Resolution (ODR) regime in general – for resolving civil disputes in various jurisdictions. The main objective behind the latter is to better assess the existing best practices in implementing e-negotiation for resolving civil disputes in the EU. Against this backdrop, the first section discusses the existing definitions of e-negotiation in behavioural and computer science on the one hand, and legal context on the other, to have a clear understanding of their implications. The second section explores the use of e-negotiation by the existing prominent ODR service providers in and outside the EU. Further, the authors critically analyse the EU ODR platform and its function in relation to the practice of e-negotiation for settling business-to-consumer disputes. Finally, the third section focuses on the lessons learnt from the application of e-negotiation for civil dispute resolution in EU and provides several important implications for the future of improvement in citizens’ access to justice through the application of effective e-negotiation models.