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  <front>
    <journal-meta />
    <article-meta>
      <title-group>
        <article-title>The Added Value of Collaborative Modeling for Legal Business Rule Management</article-title>
      </title-group>
      <contrib-group>
        <contrib contrib-type="author">
          <string-name>W. van Stokkum</string-name>
          <email>w.van.stokkum@everest.nl</email>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>P. Heiner</string-name>
          <email>p.heiner@everest.nl</email>
          <xref ref-type="aff" rid="aff1">1</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>S.J.B.A. Hoppenbrouwers</string-name>
          <email>stijn.hoppenbrouwers@han.nl</email>
          <xref ref-type="aff" rid="aff2">2</xref>
        </contrib>
        <contrib contrib-type="author">
          <string-name>H. Mulder</string-name>
          <email>hans.mulder@viagroep.nl</email>
          <xref ref-type="aff" rid="aff0">0</xref>
        </contrib>
        <aff id="aff0">
          <label>0</label>
          <institution>Antwerp Management School (AMS)</institution>
          ,
          <addr-line>Antwerp</addr-line>
          ,
          <country country="BE">Belgium</country>
        </aff>
        <aff id="aff1">
          <label>1</label>
          <institution>Everest B.V., 's Hertogenbosch</institution>
          ,
          <country country="NL">the Netherlands</country>
        </aff>
        <aff id="aff2">
          <label>2</label>
          <institution>HAN University of Applied Sciences</institution>
          ,
          <addr-line>Arnhem</addr-line>
          ,
          <country country="NL">the Netherlands</country>
        </aff>
      </contrib-group>
      <pub-date>
        <year>2013</year>
      </pub-date>
      <fpage>57</fpage>
      <lpage>64</lpage>
      <abstract>
        <p>In this paper we discuss background considerations, domain properties, and some design principles for collaborative modeling environments combining the Business Rule Management approach and the Collaborative Modeling approach. The context focused on is that of translating law texts to operational processes and systems for implementing those laws in the public sector. The process of operationalizing law is very difficult to tackle: a diversity of stakeholders have to be involved to reach consensus on semantics, goals and business service design. We consider collaboration techniques crucial in order to create the required broad basis of acceptance regarding operational policies and their formulation. Collaboration techniques also enhance the efficiency and transparency of the process. We discuss the new role of collaboration in relation to the governance processes of the organizations. We illustrate a design case by describing an environment we are developing. We reflect on some lessons learned, concluding that adopting collaborative modeling techniques alone is not enough. Explorations show that additionally, rules and mechanisms are needed to structure and facilitate the group decision making process.</p>
      </abstract>
    </article-meta>
  </front>
  <body>
    <sec id="sec-1">
      <title>Introduction</title>
      <p>This paper was written in context of an ongoing development project aiming to
create a collaborative modeling environment developed to support Dutch
governmental organizations in implementing legislation into their operational
processes. Though we do sketch the current prototype environment and some design
principles, the paper mostly concerns generic considerations about collaborative
aspects in this application domain and its consequences for “law execution support
systems”.</p>
      <p>In the process of business rule creation and management, a variety of
stakeholders (legal experts, business management, business architects, IT-experts)
work together in order to translate legislation into usable specifications for
operational business processes, including specifications for business rule driven
IT-systems. In the Netherlands, as well as in various other countries with a
thoroughly digitized governmental and public sector, such processes can be
observed to exist in many domains (e.g. tax, customs, subsidies, permits, defense)
and across a number of governmental organizations.</p>
      <p>This process is commonly recognized as being very complex. Legislation is not
directly usable in operational situations (typically, law execution by public service
organizations). Terms and phrases used in legislation documents often contain
pragmatic mismatches and contradictions because of the different contexts in which
they are used.</p>
      <p>Also, legislation tends to describe WHAT a policy should be, but not HOW it
should be implemented by the variety of organizations that have to deal with it.
Frequently the legislator deliberately leaves definitions and criteria vague, in order
to let exact and definitive criteria arise in practice. In short: substantial a dditional
policy making is needed to design business services and operational business rules
that can be handled in everyday work processes.</p>
    </sec>
    <sec id="sec-2">
      <title>The effects of ignoring collaboration</title>
      <p>
        Current methods for ‘translating’ legislation into operational rules (though perhaps
‘developing’ would be a more accurate word here) typically have their origin in
Business Rule Management practices. This discipline traditionally approaches the
translation quite rationally, for example
        <xref ref-type="bibr" rid="ref5">(Wyner, Engers, &amp; Bahreini, 2010)</xref>
        . The
normal approach is to rewrite sources (legislation documents) directly into some
sort of formal logic, in a format that can be logically validated and is suitable for
further translation into executable rules that can be handled by business rule
engines and other rule-based systems.
      </p>
      <p>
        However, the actual translation process in practice can hardly be classified as
being “rational” in the discrete and deterministic sense. Interpreting legisla tion and
the design of business services, thus implementing legislation, involves input of a
variety of stakeholders. All stakeholders act according to their own perspectives
and goals and use their own ‘domain specific language’. Traditional methods tend
to ignore these aspects. They regard them as being the concern and responsibility of
the “super IT-analyst”, who has to consult all stakeholders involved and unify their
views and formulations. Such super analysts are very hard to find in real life,
which causes a scalability issue within the organization. While the speed of
implementation power increases dramatically due to the introduction of modern
business process management platforms, analysis and design become the new
bottlenecks
        <xref ref-type="bibr" rid="ref3">(Hoppenbrouwers, Schotten, &amp; Lucas, 2010)</xref>
        .
      </p>
      <p>Ignoring collaboration factors during the formulation of operational policies
also introduces another serious issue. The business policies that will be
implemented often only include the input of a limited set of stakeholders. In many
cases, only a legal expert is consulted and legislation is rationally converted into
some kind of logic. The resulting working instructions and systems often do not
meet the views and practices of the knowledge workers that have to deal with real
life cases. As a result, they feel unsafe because decisions are made that cannot be
motivated or that do not take into account the situational context of cases in real
life. In short, lack of a common base of understanding has negative effects l ike the
leaving of valuable employees (not willing to adopt the policy made), customer
unfriendly behavior (“the system is always right”; “computer says no”) or fraud and
sabotage (manipulating real life data/facts in order to reach a desired outcome, or
simply ignoring systems and policy), causing erroneous and inconsistent behavior
of the organization’s services.</p>
      <p>
        In order to fulfill the need for collaboration in law-based business rule creation
and management, a modeling environment is being developed combining traditional
business rule management techniques with those used in collaboration
environments
Collaboration to support Shared Decision Making
Commonly known collaboration techniques (chat, shared annotation of documents,
discussions, forum, mentioning, case management) are used to optimize the process
of working together and making shared decisions. Collaborative techniques as in,
for example,
        <xref ref-type="bibr" rid="ref1 ref4">(de Vreede &amp; Briggs, 2005; Kolfschoten, Briggs, de Vreede, Jacobs,
&amp; Appelman, 2006)</xref>
        turn out to be a crucial factor to tackle the issues in
collaborative rule management experienced today
      </p>
      <p>With the help of collaborative modeling techniques, a large group of people can
be involved in shared decision making. By facilitating an online workspace, people
will no longer be dependent on each other’s agendas. Asynchronous work reduces
the need to physically meet during design and group decision making. A substantial
larger number of people directly or indirectly can be involved.</p>
      <p>When working in an environment deploying collaboration techniques, questions,
answers and arguments in discussion are systematically logged so they can be
shared and responded to at a later moment. This also allows for detection (not
necessarily automatically!) whether people are arguing from the same perspective
or not, which can help prevent misunderstandings and mistakes rooted in deviant
interpretation.</p>
      <p>Sharing knowledge is no longer limited to a point to point interchange between
individuals. When reusing the model elements in multiple products and services,
decisions and semantics will automatically be reused too. The possibility of
reusing the outcome of the ‘translation process’, including the underlying group
conversation, is essential for implementing consistent and correct behavior of
organizational services. For the government, this means consistent and reliable
behavior towards citizens and companies.</p>
      <p>Computer supported collaboration support: a new
enabler for compliance
In our modeling environment and domain, in addition to the common application of
collaboration ,computer supported collaboration did get another very important,
and unexpected new role. It has been integrated with the governance processes of
the organization.</p>
      <p>The business rules (operational policies) created in the process are
implemented in a business rule system. This system is able to automatically reason
over these rules so it can automatically decide whether e.g. citizens or companies
are entitled to receive subsidy or are allowed to receive a residential permit. Even
the amount of tax citizens have to pay are calculated automatically. For the
organization it is crucial to be able to explain why a decision is made. Although a
direct link to relevant legislation sources at first hand seems sufficient, exact
explanation can only be based on the design decisions made when formulating the
operational policy. So when the system generates explanation it actively uses the
arguments behind the discussions when formulating the business rules, in order to
really provide 100% transparency in decision making. Without computer supported
work this could never be realizable because these arguments never were
systematically logged.</p>
      <p>Lawyers use these outcome of collaboration processes results when judging
official complaints being filed. They even use them when preparing the lawsuits.</p>
    </sec>
    <sec id="sec-3">
      <title>A prototype environment for collaborative rule management</title>
      <p>The prototype environment in development enables various stakeholders in
developing multiple interconnected models in parallel: a model concerning the
requirements formulated by the legislator in the law documents, a model with a
design of the business services that will be implemented by the governmental
organization in order to “bring” the law’s business rules to relevant citizens and/or
companies, and a model containing the design of the operational business process,
and a model containing the implementation of these business processes within the
organization. The different stakeholders involved in creating these models can
work together in parallel and use each other’s input. Collaboration techniques help
them to discuss about the design and to reach consensus about contradicting
opinions and concerns. Because each stakeholder have its own “language and
abilities to handle abstract models”, the environment emphatically respects the
variety of stakeholders. Therefore, stakeholder specific ‘views’ or ‘design studios’
are developed.</p>
      <sec id="sec-3-1">
        <title>The studio for legal experts</title>
        <p>rules, legal rights, obligations, procedures and so on. It will also enable visual
modeling of the hidden structures that specify how decisions or calculations should
be made.</p>
        <p>During creation of a law, the proposed law text may change many times. The
system will act on automatically sent change alerts. It will intelligently compare the
text of newer versions, will visualize changes made and will transfer the unchanged
parts of the model from the old version to the new version. Besides comparison,
active support is available for determining the impact of changes on the design
specification already available, and on operational processes and systems.</p>
      </sec>
      <sec id="sec-3-2">
        <title>The business service design studio for business architects</title>
        <p>Besides the view for the legal expert, a view is created for the business architect
responsible for determining and designing the organization’s business services.
This view uses its own sources (documents), but will also use model elements
being created by the other stakeholders, like the legal expert. However, these
model elements will be presented in the domain specific language of the business
architect. For example, the model element “legal right of a citizen” will be
represented as a “deontic modality” to the legal expert whereas it will be
represented as a potential “business event” toward the business architect, and so
on. By translating the model elements in line with one ‘mental model’ to those in
line with that of another type of stakeholder, stakeholders with different
backgrounds and languages still can work on one interlinked and consistent, hidden
overall model.</p>
        <p>In the future, additional views will be added for the other stakeholder types
involved, such as IT-analysts, information architects, managers of data
administrations, and so on.</p>
      </sec>
      <sec id="sec-3-3">
        <title>Enable collaborative shared decision making</title>
        <p>A set of collaborative techniques are combined in an online workspace that is
available in and across all “stakeholder views”. It will allow modelers as well as
more indirectly involved stakeholders to engage in various forms of digitally
mediated, dedicated conversation: discuss, react on each other’s arguments and
opinions, and so on.</p>
      </sec>
    </sec>
    <sec id="sec-4">
      <title>The need for games</title>
      <p>In our explorative designs and evaluations it became clear that exclusively
adopting collaborative modeling techniques to share ideas and information is not
sufficient. When designing the business service and its products another important
stakeholder comes in sight: the customer, being a citizen or an professional
organization that will be confronted with the services and products based on
legislation. Important decisions have to be made such as: “who is our target group
exactly?”, “what is the profile of our customer?”, “which criteria should be met in
order to entitle individuals within this target area to the products made available by
law, like subsidies?”, “which questions should we ask? We cannot always use the
terms used in the legislation text, because people might not be able to answer them
due to the high level of abstraction.</p>
      <p>In order to reach an optimal design, serious games, like for instance a “mystery
game” can play an important role. In the mystery game a set of “mysterious”
stakeholders (panel members) are trying to ask with a minimal set of questions
enough information of the mystery customer in order to find out whether he/she is
entitled for getting e.g. a subsidy. Of course each stakeholder use the law and
internal policies to formulate the questions. The resulting profile and dialog leads
to customer friendly design decisions.</p>
    </sec>
    <sec id="sec-5">
      <title>Discussion and future directions.</title>
      <p>In our explorative designs and evaluations, the collaboration techniques supporting
and structuring such conversation turned out to be a crucial success factor in
tackling most issues experienced in the field today. As discussed, they help to
gather a solid basis of understanding between all stakeholders. They help to
improve efficiency in decision making. They offer the possibility to share
knowledge between individuals and they help to implement transparent business
processes. Although these positive aspects will not come as a surprise for the
community of computer supported collaborative work, they are completely new
terrain for the business rule management community however.</p>
      <p>The new role of collaboration in governance will have impact on the
organization and tools developed to support the collaborative process. First of all a
direct reference should be created between discussions and the business rules that
are being produced. Also it is necessary to select w hich discussions may be used
for the governance process. E.g. is it desirable to include the names of the
stakeholders involved in the formulation of the business rule or should this be
anonymous or accessible for special lawyers only? This will be an important issue
for further study.</p>
      <p>Important additional success factors may be found in further refinement of the
basic techniques by means of additional visualization, games and facilitation
support.</p>
      <p>There is no effective discussion without a clear understanding of the problem.
Visualization of developed policy is crucial to evaluate the effectiveness and
impact of the business rules formulated.</p>
      <p>As discussed, serious games are considered to be an additional means of
enhancing the outcome for a problem. Game elements combined with effective
visualization can help stakeholders discover the best operational business policy
together. Rules of play can also help guide problems collaborative solving
processes and conceptualization. In addition, game elements can help motivate
participants and make goals and progress more visible and manageable.</p>
      <p>
        Besides diverging techniques like sharing ideas and opinions there is a str ong
need for converging techniques in order to make actual decisions one can base
further action on. In short, there is need for facilitation. Explorative investigations
in collaborative modeling setups, in the case project but also, for example
        <xref ref-type="bibr" rid="ref2">(Hoppenbrouwers &amp; Rouwette, 2012)</xref>
        , showed that rules are needed to structure
and facilitate the group decision making process. Many of these rules deal with
social factors like handling different levels of experience and power positions
between stakeholders involved. Facilitation is a skill and this capability is often
scarcely available within organizations. Because of the continuous process of
translating large scale legislation into specifications, an important next step is to
investigate whether it is feasible to add computer aided facilitation techniques to
the platform, in order to meet the crucial needed scalability.
      </p>
    </sec>
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