1. 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, PhD Founder, President & CEO eNegotiation System

2.  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

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 (better than just fair) Document with a formal agreement (comprehensive) (legal) Be efficient Do it properly

5. Ordinary Negotiations suffer from Four 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. 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.

8. Infinity Sponsored in part by the National Research Council of Canada One Simple CasesComplex Cases

9. Party A Party C Smart Neutral Trustworthy Safe Secure Anywhere Anytime Smartsettle eNegotiation System Party B Better than Fair Deal Skilled Facilitator(s)

10. Objectives for Superior AgreementsFAIRNESSEFFICIENCY

11. Smartsettle addresses these objectives with an early intervention process that encourages and rewards collaboration. The Keys

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

13. 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

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

15. Joey Jenny Different Preferences Low values high values How much should Jenny get?

16. Joey Jenny 10% 30% Somewhere in between Where is Fair? Initial Optimistic Proposals

17. 10 30 Tedious Negotiation Dance Visual Blind Bidding Jenny Joey

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

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

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

21. 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

22. 10 13 16 20 24 26 28 30 Reward for collaboration Visual Blind Bidding

23. Jenny Joey 251520221918171614212324 Visual Blind Bidding

24. 251520221918171614212324 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

25. Jenny Joey 2414192118161513202223 Pendulum Arbitration Fair 20 Final Deal  Rewards fairness  Minimizes the need for arbitration  Minimizes clear-loser problems 17 Dampened TRIBUNAL

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

27. 2 Best 5 100 Jenny Both Mom Worst 20 0 0 Joey Jenny’s Bargaining Ranges Fruit to Jenny (%) Peel to Jenny (%) Who peels the orange Cake for Joey (pieces)

28. 031000 0 10 90 20 Jenny’s Issue Importance Fruit to Jenny (%) Peel to Jenny (%) Who peels the orange JoeyJenny Both Mom Cake for Joey (pieces)

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

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