for bcami symposium on 2012 june 21 sponsored in part by the national research council of canada...
TRANSCRIPT
For BCAMI Symposium on 2012 June 21
Sponsored in part by the National Research Council of Canada
Effective Use of Technology in Dispute Resolution
Ernest Thiessen, PEng, PhDFounder, President & CEO
eNegotiation System
Engineering Systems Analyst PhD from Cornell University Inventor of the Smartsettle eNegotiation
System Founder, President & CEO of iCan
Systems Inc. located in Vancouver BC Director, Summit Negotiations Society Repeat speaker at UN sponsored forums
on Online Dispute Resolution Water conflict management lecturer for
UNESCO-IHE
Ernest Thiessen, PEng, PhD
Decision making in a more peaceful,
collaborative & intelligent way throughout the world
Vision
Reach fair decisionsDon’t leave anything out
Goals for Clients
(better than just fair)
Document with a formal agreement
(comprehensive)
(legal)
Be efficient
Do it properly
Ordinary Negotiations suffer
from Four Serious Problems
RELATIONSHIPS are harmed by using inappropriate tactics,
WEAKER parties are inhibited by a power imbalance,
Huge amounts of TIME and MONEY are wasted with a tedious negotiation dance.
Significant VALUE is
left on the table and outcomes are
unstable.
InfinityInfinity
Sponsored in part by the National Research Council of Canada
OneOne
Simple Cases Complex Cases
Party A Party C
• Smart• Neutral• Trustworthy• Safe • Secure• Anywhere• Anytime
Smartsettle eNegotiation System
Party B
Better than Fair Deal
Skilled Facilitator(s)Skilled Facilitator(s)
Objectives for Superior Agreements
FAIRNESSFAIRNESS EFFICIENCYEFFICIENCY
Smartsettle addresses these objectives with an
early intervention process that encourages
and rewards collaboration.
The Keys
Prepare and gather information
Summarize issues
Process for Fairness & Efficiency
Negotiate
Create / Modify
Framework for Agreement
Signing ceremony
Reach binding agreement
Improve it
With professional input to insure that all parties are adequately informed
Prepare and gather information
Process for Fairness & Efficiency
Summarize issues
Single issue or many issues
Visual Blind Bidding
Getting to Fair
Joey Jenny
Different Preferences
Low values high values
How much should Jenny get?
Joey Jenny
10% 30%
Somewhere in between
Where is Fair?
Initial Optimistic Proposals
10 30Tedious
NegotiationDance
Visual Blind Bidding
JennyJoey
10 13 16 20 24 26 28 30
Suggestions
Visual Blind Bidding
JennyJoey
10 13 16 20 24 26 28 30
Suggestions
Hidden Acceptances
Visual Blind Bidding
JennyJoey
Suggestions
Hidden Acceptances
13 16 20 24 26 28 3010
Visual Blind Bidding
JennyJoey
It’s a deal!
Works with any type of negotiation, any number of parties, and any type or number of issues.
10 13 16 20 24 26 28 30
(there may still be hidden value)
Visual Blind Bidding
10 13 16 20 24 26 28 30
Reward for collaboration
Visual Blind Bidding
Jenny
Joey
2515 20 221918171614 21 23 24
Visual Blind Bidding
2515 20 221918171614 21 23 24
Joey’s final move
? ?
Zone of Agreement
Smartsettle considers the party that made the smallest last move as most collaborative.
Agreement revealed by Smartsettle
24
Jenny moves and declares Final Session
Jenny
Joey
2414 19 2118161513 20 22 23
Pendulum Arbitration
Rewards fairness
Minimizes the need for arbitration
Minimizes clear-loser problems
17
Dampened
TRIBUNAL
Fruit to Jenny (%)
Peel to Jenny (%)
Who peels the orange
Cake for Joey (pieces)
Multiple Issues to be Negotiated
2
Best
5
100
100
JennyBoth Mom
Worst
20
0
0
Joey
Jenny’s Bargaining Ranges
Fruit to Jenny (%)
Peel to Jenny (%)
Who peels the orange
Cake for Joey (pieces)
03
1000
1000
10
90
20
20
Jenny’s Issue Importance
Fruit to Jenny (%)
Peel to Jenny (%)
Who peels the orange
Joey JennyBoth Mom
Cake for Joey (pieces)
Zone of Potential Agreement
100%00
100%
00 Joey
Jenny
Smartsettle Multivariate Process
optimistic
optimistic
walkaways
Fair & Optimal Solution
Efficiency
Frontier
Baseline
Watch the Orange Quarrel video on YouTube.
Sign up for a webinar featuring a live Smartsettle simulation.
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