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For BCAMI Symposium on 2012 June 21

eNegotiation System. Effective Use of Technology in Dispute Resolution Ernest Thiessen, PEng , PhD Founder, President & CEO. For BCAMI Symposium on 2012 June 21. Sponsored in part by the National Research Council of Canada. Ernest Thiessen, PEng, PhD. Engineering Systems Analyst

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For BCAMI Symposium on 2012 June 21

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  1. eNegotiation System Effective Use of Technology in Dispute Resolution Ernest Thiessen, PEng, PhD Founder, President & CEO For BCAMI Symposium on 2012 June 21 Sponsored in part by the National Research Council of Canada

  2. Ernest Thiessen, PEng, PhD • 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

  3. Decision making in a more peaceful, collaborative & intelligent way throughout the world Vision

  4. Reach fair decisions Don’t leave anything out Goals for Clients (comprehensive) • Do it properly (legal) • Be efficient (better than just fair) • Document with a formal agreement

  5. OrdinaryNegotiationssufferfromFour Serious Problems

  6. 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.

  7. One Infinity Simple Cases Complex Cases Sponsored in part by the National Research Council of Canada

  8. Party B Party C Party A Better than Fair Deal SmartsettleeNegotiationSystem • Smart • Neutral • Trustworthy • Safe • Secure • Anywhere • Anytime Skilled Facilitator(s)

  9. FAIRNESS EFFICIENCY Objectives for Superior Agreements

  10. TheKeys Smartsettle addresses these objectives with an early intervention process that encourages and rewards collaboration.

  11. Process for Fairness & Efficiency Prepare and gather information Summarize issues

  12. Reach binding agreement Improve it Signing ceremony With professional input to insure that all parties are adequately informed Process for Fairness & Efficiency Prepare and gather information Summarize issues Create / Modify Framework for Agreement Negotiate

  13. Single issue or many issues Visual Blind Bidding Getting to Fair

  14. Low values high values DifferentPreferences Joey Jenny How much should Jenny get?

  15. Initial OptimisticProposals Where is Fair? Somewhere in between 10% 30% Jenny Joey

  16. Tedious Negotiation Dance Visual Blind Bidding 10 30 Jenny Joey

  17. Visual Blind Bidding 10 13 16 20 24 26 28 30 Jenny Joey Suggestions

  18. Hidden Acceptances Visual Blind Bidding 10 13 16 20 24 26 28 30 Jenny Joey Suggestions

  19. Visual Blind Bidding Hidden Acceptances 13 16 20 24 26 28 30 10 Jenny Joey Suggestions

  20. Visual Blind Bidding It’s a deal! (there may still be hidden value) 10 13 16 20 24 26 28 30 Works with any type of negotiation, any number of parties, and any type or number of issues.

  21. Visual Blind Bidding 10 13 16 20 24 26 28 30 Reward for collaboration

  22. Jenny Joey Visual Blind Bidding 14 15 16 17 18 19 20 21 22 23 24 25

  23. Jenny moves and declares Final Session Agreement revealed by Smartsettle ? ? 24 Zone of Agreement Joey’s final move 14 15 16 17 18 19 20 21 22 23 24 25 Smartsettle considers the party that made the smallest last move as most collaborative.

  24. Jenny 20 Final Deal Joey Fair Dampened Pendulum Arbitration TRIBUNAL 13 14 15 16 18 19 20 21 22 23 24 17 • Rewards fairness • Minimizes the need for arbitration • Minimizes clear-loser problems

  25. Fruit to Jenny (%) Peel to Jenny (%) Who peels the orange Multiple Issues to be Negotiated Cake for Joey (pieces)

  26. 0 100 Worst Best 0 100 Joey Jenny Mom Both 20 5 Jenny’s Bargaining Ranges Fruit to Jenny (%) 2 Peel to Jenny (%) Who peels the orange Cake for Joey (pieces)

  27. 0 100 0 100 3 0 Jenny’s Issue Importance 10 Fruit to Jenny (%) 90 Peel to Jenny (%) Joey Jenny Mom Both 20 Who peels the orange 20 Cake for Joey (pieces)

  28. optimistic Fair & Optimal Solution Baseline optimistic walkaways Smartsettle Multivariate Process 100% EfficiencyFrontier Jenny Zone of Potential Agreement 0 0 Joey 100%

  29. Just Whet your Appetite? Watch the Orange Quarrel video on YouTube. Sign up for a webinar featuring a live Smartsettle simulation.

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