Traditionally we regard video clips as optional appendix for document. Widespread of notebooks, tablets, smart phones and high speed communication channels for last years provides opportunity to produce private video as well as usual text documents. Despite on it video clips are not regarded as legal document for business transactions and simple tool for commercial legal operation and dispute resolution in “oral” form. In Government-to-Citizen relations G2C a little text box on site for message is the common practice. At present time this form of interactions are similar dialogue through keyhole. Why modern society refuse to use the natural form of interaction by virtue of oral form with the help of telecommunications?

Table 1. Who create video content in Social media?

Social agent

Defect of social interaction

 

News providers

The video content fill not personal needs. Often political news is used as instrument of ideology manipulation.

Universities

The content mainly is produced by lectors on information storages. Sometimes video clips are uploaded to video hosting.

Persons, Show business

For entertaining and advertisement mainly

Politician and Government

Teleconference format and time shortage limit asking questions or choose generalized form for typical questions.

Courts

Teleconference is common practice in State Arbitrage in Russian Federation and some municipal courts. This form of dialogue does not provide option for participant, there is no opportunity to explore documents, tables and pictures relevant to matter discussed. The Dialogue Police  is inadequate to brain storming for problem resolving. Also there is no access to archive of video clips for participants (for claimer and defender).

In other words there is strong demand for personal video content for social interaction to meet private needs. But now in world wide web one can find besot video information for brain manipulation. Unusual way to put in video clips to legal document can be interpret by low speed of communication channels. In practice the only obstacle to put in video clips to legal document for settlement of request to state agency is stereotype traditional interaction not technical factor. As describe below there is no need to exploit terabytes speeds channels — one megabytes per second enough. To describe this step by step let' s begin from mediation simulations. Mediation is a form of alternative dispute resolution (ADR), a way of resolving disputes between two or more parties. Typically, a third party, the mediator, assists the parties to meet mediation agreement on the basis of its interest not positions. By virtue the process of trial and errors author find interesting technology as development of well known projects [1-6].

Picture 1

The phase are follows:

A) The session of mediation or simulation with two or multi parties  is automatically recorded by web cam and special program utilities1. All video flow is “grabbing” from screen and loudspeaker and provide automatically cutting up to short clips.

B) After finishing  simulation session all the clips are being stored to local memory of computer, notebook ect. or uploaded to video hosting (YouTube.com or Vimeo.com . . . ) [7,8]

C) The net step – ''filtration of digital noise”. The operator delete needless clips and cut off the beginning and finishing.

D) The final step is indexation i.e. annotations, creating of new play-lists in video hosting.

Using this technology, the parties will have 15-20 clips corresponding to matter discussed as a protocol standard (90 min) mediation simulation session.

In a few words the process has the follow phase: 

Recording--> Discretion--> Filtration--> Uploading and Indexation in Database.

As optional may be the fifth step --> Authentication by digital signature  

Why 3-4 minutes duration of clips is more favorable? During this period of time students can concentrate their attention to subject of matter (like for a good song!) In the other hand such video clips is “mobile” - there is no problem with it transfer by low speed Internet channels. 

1 In Linux Ubuntu with the the routine utilities “tvplayer” and “avconv”. The first provide echo-effect of audio video flow from web camera on the screen and loudspeaker. The second – create wide range standards of multimedia files, inc. cutting up.    

Video document has Legal right

Each video clip are being uploaded to Global World Wide Web has unique URL.  This reference can be placed directly to mediation agreement or contract or another official document with digital signature. According to Civil Code of numerous of countries such video session of dialogue has legal right.

Picture 2

As the result we have got the simple tool for commercial legal operation and dispute resolution in “oral” form. It help to meet the understanding between parties more easily and faster then by text documents. According to Bluma Zeygarnik (co-worker of German physiologist Kurt Zadek Lewin) not finishing action are more deeply stored in human memory. The short clip allow to concentrate attention of parties or users of technology described [9]. It is possible to make rules of arbitrage for Online Dispute Resolution  (ODR) which provides “oral” awards and protocols [10]. One can place video clip directly to post in forum for instance [11].

In the field of narrative mediation

Short video clips can to put in practice conceptions of reframing of Gregory Batson [12]. For instance mediator can provide the separate mediation session (caucoses) with offender and victim [13] by virtue of a distant communication. Mediator can emphasize the constructive episodes in relations between parties.  Tech. provide all the stage of narrative mediation by John Winslade, and Gerald D. Monk  Externalization of conflict,   Involvement,  Deconstruction, and re-authoring with the help of video frames. We believe in prospects of such approach [14]. At the outcomes its provides power tool for reframing in family mediation [15] It help to meet the understanding between parties more easily and faster then by scripts.

  1. In social sphere and government relations.

The technology discussed above give fruitful opportunity in social sphere and government relations.   Let' s imagine future G2C (Government -to -Citizen) relation with the help of this  technology.

- Request in oral form

- Answer in  oral form too.

- Automatically creating of video record in Data Base for archive. And all this is enough for allocating of budget or pension an so on.

  1. Confidentiality and “Big Brother” fear.

Of course there is scepsis about personal data protection. You know all the clips in YuoTube for instance has public or private access regime. UNIX and Linux operation systems, ORACLE and SQL data base engine has dependable mechanize for data protection. So the question of  personal data protection is nor technical but  in public control in civil society. So the technology discussed above has more social component than technical aspects. 

In our opinion traditional text dialogue on state agency sites is the barrier for e-democracy. The are some obstacles for widespread of social technology described above such as resistance of traditional social institutes.

  1. References

1. Golann, “Using Video to Teach Negotiation and Mediation”, Dispute Resolution Magazine,

Winter 2007, p. 8-11,

2. Benjamin & Adler, “Reel Negotiation: The Good, The Bad, And The Ugly: Reflections Of

Negotiation And Mediation In Film”, (October 2006)

3. Rabin, “Making and Using Films to Teach Negotiation”, (June, 2010) Program on

Negotiation at Harvard Law School

4. O’Neil, “How I Learned to Stop Worrying and Love the Camera: Video in Negotiation

Pedagogy”, (May, 2011) Program on Negotiation at Harvard Law School

5. Robert Smith Teaching Videos in Mediation Training: Why Use Them and How To Do it

Well (9/21/12)

6. Virtual Mediation Lab see http://www.virtualmediationlab.com/ on 24.03.2014

7. Vimeo.com - LLC VIMEO's Copyright Agent

8. YouTube.com – YouTube, LLC, США

9. See YouTube.com/eMediator1, on 24.03.2014

10. See Y ouTube.com/edogovor. On 24.03.2014

11. See www.2adr.ru section Online Mediation and Arbitration on 24.03.2014

12. Bateson, Gregory (1972). Steps To An Ecology Of Mind: Collected Essays In Anthropology,

Psychiatry, Evolution, And Epistemology. University Of Chicago

Press. ISBN 0-226-03905-6.

13. Family Violence and ODR by Maria Eugenia Sole December 2013

http://www.mediate.com//articles/SoleME1.cfm on 24.03.2014

14. John Winslade, Gerald Monk NARRATIVE MEDIATION A New Approach to Conflict

Resolution San Francisco Jossey-Bass Publishers 2001

15. Family Mediation: Appropriate Dispute Resolution In A New Family Justice System by Lisa

Parkinson

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