10. www.ODRtraining.com
training in ODR since 2007
ODR CATEGORIES
Non-Specific ODR Specific
Case
Management/Communication
platforms
eMail
Zoom
Teams
Webex
etc etc
Negotiation Aids
Modron
CREK
Resolve Disputes Online
Trokt
IM Mediation
SmartsettleONE
Smartsettle Infinity
Civil Resolution Tribunal
Next Level Mediation
An Olive Branch
11.
12. www.ODRtraining.com
training in ODR since 2007
Smartsettle ONE is a stand alone SaaS that can be
used together with any system of ADR/ODR
including telephone and in person mediation
No settlement is declared unless in a figure within
the specified bidding of each party.
No fee to use - only if settles (2% of negotiating
range)
Constantly ‘nudges’ to speed up settlement
Smartsettle ONE- Key Takeaways
13. WHEREAS: The claimant, is claiming a sum of £2,000 in
settlement for the payment of training in counselling services
provided to the defendant.
THEREFORE: The defendant agrees to pay the claimant a
settlement of .
This agreement is subject to the fo l l o w i n g t e r m s a n d ….................................
(Conditions for Settlement)
Single Negotiating Framework
(Draft Agreement)
{ illustrative wording }
between £0 - £2,000
[amount filled in automatically on
reaching settlement]
left blank--
.
14. 0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000
Opening Session
Ed’s View
. End of Opening Session
No Agreement
.
Visible
Demand
Secret
Demand
Secret
Offer
Visible
Offer
Gap
Not visible
to Ed
EdDan
15. Second Session
Ed’s’s View
.
.
Dan
Ed’s
Visible
Demand
Ed’s Secret
Offer
Dan’s Secret
offer
Visible
offer
gap
Not visible
to Ed
0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000
Ed
End of Second Session
No Agreement
16. Third Session
Ed’s’s View
.
.
Ed’s
Visible
Demand
Ed’s Final
Secret Offer
Dan’s Secret
offer
Visible
offer
Ed
overlap
0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000
Dan Ed
17. Resolving the Overlap
Split the difference ?
‘Split the difference’ rewards the party that holds back
.
.
Overlap £300
1200 1300 1400 1500 1600Dan Ed
18. 1400
Reward Early Effort
.
Ed’s last
move £200
Dan’s last
move £400
Rewarding Early Effort
Ed had entered the Zone of Possible Agreement (ZOPA), the overlap, before Dan (a greater early effort).
Ed is rewarded for the early move by dividing the overlap in the ratio 1:2 (the ratio of the final moves) and
he receives the greater proportion of the overlap.
The Agreement is better than both their bottom lines
Dan holding back
.
Ed’s early effort
£300 Overlap
(ZOPA)
0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000Dan
Ed
19. WHEREAS: The claimant, is claiming a sum of £2,000 in
settlement for the payment of training in counselling services
provided to the defendant.
THEREFORE: The defendant agrees to pay the claimant a
settlement of .
This agreement is subject to the fo l l o w i n g t e r m s a n d ….................................
(Conditions for Settlement)
Final Agreement
.
£1,400
On agreement, the final
document is generated and a pdf
copy is available to both parties.
This final agreement may be
digitally certified
20. On this screen the system allows the parties to set all their bids for each of the
sessions at the outset, thus automating their bidding. This may be useful for
organisations defending a large volume of similar claims (eg Covid related) and to
enable a team leader to guide less experienced case handlers as well as speed up
negotiations.
21. Final Secret Offer
0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000
Final Secret Demand
Extended bids from
parties added
Resolving a Small Gap Impasse
(an imagined scenario)
In this imagined case there would be no
agreement at the end of the final session.
However, both parties have independently
chosen to apply the ‘Automatic Deal Closer’
and extend their last secret bids by £200.
22. Automatic Deal-Closer
(resolving small gap impasse)
Whenever a bid is made, the system gives the option to indicate in secret a small increase
in the bid to be applied if it results in a settlement. Smartsettle will simply divide it using
‘Reward Early Effort’.
Hundred GBP
23. Final Secret Offer
Final Secret
Demand
0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000
Reward Early Effort determines a settlement of
£1,200. Both parties have extended their bids
to cover this outcome. Settlement is confirmed
at £1,200.
1200
Resolving a Small Gap Impasse
(an imagined scenario)
25. Chat Facility in Mediated Disputes
0 100 200 300 400 500 600 700 800 900 1000 1100 1200 1300 1400 1500 1600 1700 1800 1900 2000Dan Ed
Private
Mediator and Dan
Between Mediator and
All
Private
Mediator and Ed
SEND MESSAGE
Your message Your messageYour message
SEND MESSAGE SEND MESSAGE
No messages …. No messages …. No messages ….
the amount the defendant will pay the claimant (GBP)
chat boxes
expandable
26. www.ODRtraining.com
training in ODR since 2007
Reversing The Bid
With Smartsettle ONE any party can reduce a secret offer.
This will give the option to make a high compensation offer early when
costs are low in the hope that acceptance will be less costly overall to
the insurer than settling later at a lower figure when costs are high.
The fact that they made a high offer initially, but reversed it, is not
known by the Claimant so no damage is done to the insurer’s
negotiating stance.
27. www.ODRtraining.com
training in ODR since 2007
Smartsettle ONE
To create an account to play
free of charge against the
robot, email me at
g.ross@ODRtraining.com
28.
29.
30.
31.
32.
33.
34. www.ODRtraining.com
training in ODR since 2007
“But Surely In Infinity No-One
Can Hear You Mediate”
WRONG!
You will continue to mediate exactly as you have
done in the past, but have a powerful AI co-
mediator that will be whispering constantly in your
ear with suggestions to help you better to resolve
the case
35. www.ODRtraining.com
training in ODR since 2007
This is not mediation by robot. No settlement takes place save on terms
specifically agreed by both parties.
.
Think of "Infinity" as a tool which a mediator can use like a calculator or
spreadsheet to assist in his work. Can be used within in-person mediation
"Infinity" requires the skill of the experienced mediator to inform it of the detailed
level of interest each party has in each element of a settlement package as well
as the comparative interests each element bears to the others.
Mediators can seek the “hands on” assistance of “Infinity” experts to help them,
in the background, to run their initial cases and/or work on a roleplay.
.
Smartsettle INFINITY- Key Takeaways
41. www.ODRtraining.com
training in ODR since 2007
• Demonstrations and tutorials of various ODR systems
• The pros and cons of offering ADR online
• Developing trust online
• Appropriate procedures and techniques for
communication
• Avoiding the pitfalls when communicating online
• Time management in asynchronous online conversations
• Making online mediation cost effective and profitable
• ODR related legislation
• ODR in the court system
42.
43. www.ODRtraining.com
training in ODR since 2007
50% discount coupon off course fee for CMC members
I will forward coupon code to those writing to me at
g.ross@ODRtraining.com
Redeemable by the 15th December 2020
www.ODRtraining.com
44. From Zoom To Infinity and Beyond
CMC Annual Conference
November 11th 2020
Graham Ross
g.ross@ODRtrainingcom
