Online dispute resolution in mediating EHR disputes: a case study on the impact of emotional intelligence

An Electronic Health Record (EHR) is an individual’s record of all health events that enables critical information to be documented and shared electronically amongst health care providers and patients. The introduction of an EHR, particularly a patient-accessible EHR, can be expected to lead to an escalation of enquiries, complaints and ultimately, disputes. Prevailing opinion is that Online Dispute Resolution (ODR) systems can help with the mediation of certain types of disputes electronically, particularly systems which deploy Artificial Intelligence (AI) to reduce the need for a human mediator. However, disputes regarding health tend to invoke emotional responses from patients that may conceivably impact ODR efficacy. This raises an interesting question on the influence of emotional intelligence (EI) in the process of mediation. Using a phenomenological research methodology simulating doctor–patient disputes mediated with an AI Smart ODR system in place of a human mediator, we found an association between EI and the propensity for a participant to change their previously asserted claims. Our results indicate participants with lower EI tend to prolong resolution compared to those with higher EI. Future research include trialling larger scale ODR systems for specific cohorts of patients in the area of health related dispute resolution are advanced.