Facilitator Simulation Check List

This checklist is only a guideline. Use your own judgment as to what is most appropriate in your particular circumstances. Consult with your senior facilitator whenever you require assistance. It is assumed that parties have already installed the SmartSettle software and received orientation.

1. Receive case assignment, access codes, and any party scheduling preferences. To access the case; from the SmartSettle File menu, choose Access on Server…. Enter the Short Case Name (and Password if specified). From the SmartSettle File menu, choose Joint Session and review the default process set up for you.
2. If you are facilitating a simulated negotiation, be sure that each party has received the case description (and confidential information for the role that they are playing, if any).
3. Set up appointments with parties. Since individual appointments may need to be staggered and schedules don't always match, some initial appointments may need to be cancelled.
4. Assist parties with updating of the SmartSettle software and installation of an Instant Messenger. We recommend Trillian, ICQ, Yahoo, AIM or MSN. ZDNet posts comprehensive reviews if you need some help choosing.
5. Give parties the access codes and assist them in accessing the case with SmartSettle.
6. Review the process and guidelines with the parties as set out in the SmartSettle Joint Session. Parties should understand how a Framework for Agreement is defined and what its purpose is. It is important that they understand the idea of negotiation with packages as opposed to issue-by-issue. Be sure that parties have agreed as to what it means when a tentative agreement is reached with SmartSettle. When both parties accept the same package. Is it binding or not and do parties agree that reaching a tentative will be followed by a search for improvements?
7. Prompt the parties as necessary with each step in the process. Meet with parties on the phone if necessary, individually or jointly.
8. Have each party communicate whatever preliminary information they feel is important to share with the other party. When parties are ready, have them each enter an optimistic free form proposal in the SmartSettle Joint Session.
9. Use the initial optimistic proposals from each party to create a first draft of the Framework for Agreement. Expect the Framework for Agreement to evolve throughout the process and let parties know whenever there are any changes needing their approval.
10. Summarize the issues and select decision variables when the Framework for Agreement is adequately formed.
11. Enter summarized information (party names and decision variable descriptions) in the Shared Information window.
12. Help each party create bargaining ranges and initial relative importance for each variable in their private graphic view. Don't spend a lot of time with preferences at the beginning of the negotiation. Fine-tuning is expected near the end.
13. Help parties exchange proposals and concessions. Encourage them to retain flexibility with each new concession.
14. Optional: Have each party set a predicted outcome. At the end of the negotiation, compare predictions with the final outcome.
15. Either party or the Facilitator may have SmartSettle generate one or more Suggestions at any time. Ask parties to consider accepting one or more Suggestions.
16. Suggest that parties take turns. On each turn they should do one or more of the following:

- Submit a Proposal or Reflection.
- Accept a package.
- Have SmartSettle generate a package (e.g., Suggestion or Equivalent).

17. If desired by parties, do advanced preference analysis with Even Swaps.
18. If parties get bogged down, have them identify a walkaway package.
19. If the parties come to impasse, consult with your senior facilitator who may suggest setting a deadline followed by arbitration.
20. After parties have reached a Tentative agreement, have SmartSettle generate an Improvement, and have parties consider accepting the Improvement. Be aware that there may be interdependencies present that could prevent SmartSettle from generating real improvements.
21. Finalize agreement.