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Granada september 2020 final as submitted
- 1. www.ODRtraining.com training in ODR since 2007 Liteko 1 (2004) • Not built in a modular structure, thus requiring large code changes in order to make simple changes/add new features; • Database tables copied in different tables but not inter-linked • Inadequate technical documentation • As promoted and userbase increased, its operation began to slow down
- 2. www.ODRtraining.com training in ODR since 2007 And so…. • New build of Liteko 2 started 2014 • To be completed 2022
- 4. www.ODRtraining.com training in ODR since 2007 Benefits From SAAS • Proven efficiency (as long as not early adopter) • Future proof – no need to rebuild • Modular – easier and safer to add new functionality
- 5. www.ODRtraining.com training in ODR since 2007 The UK’s Online Civil Money Claim Pilot • For a fixed amount of money <= £10,000 • Against no more than one defendant (people or organisations) • Served to a defendant with an address in England or Wales
- 6. www.ODRtraining.com training in ODR since 2007 • Claims issued as at May 2020 = 137,157 • 50% are under £1,000 in value • 20% under £300. The UK’s Online Civil Money Claim Pilot
- 7. www.ODRtraining.com training in ODR since 2007 The Problem With Starting At The Beginning t
- 14. Note .gov.uk Challenges perception of neutrality – agreed to change.
- 17. www.ODRtraining.com training in ODR since 2007 Using Smartsettle ONE 18 months of negotiation 3 months in the online civil money court Failed small claims telephone mediation 1 hour of visual blind bidding ODR
- 18. Mediated or Facilitated 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)
- 19. 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
- 20. 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
- 21. Final 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
- 22. Resolving the Overlap Split the difference ? ‘Split the difference’ rewards the party that holds back . . Overlap £300 1200 1300 1400 1500 1600Dan Ed
- 23. 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
- 24. Resolving a Small Gap Impasse (an imagined scenario) No clear loser (save face) What Do Parties Really Want? Quick settlement Minimal external intervention Split the Difference? 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
- 25. 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 £2,000.
- 26. 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)