Beyond Win-Win in Cyberspace

Adapted from

Oral presention: ADR in Cyberspace Symposium, Nov 11, 1999
Discussion paper: ADR Cyberweek 2000
One Accord Publication: 15 Ohio S. J. on Disp. Resol. 643 (2000)

Ernest M. Thiessen, PEng, PhD, President
Smartsettle, a division of ICAN Systems Inc.

Joseph P. McMahon, Jr., PE, MS, JD
Mediator & Settlement Counsel, LLP, Denver, CO

I. Introduction


Cyberspace and sophisticated computer technology are presenting new opportunities for overcoming the challenges of conventional negotiation with mutual gains bargaining. This paper briefly introduces the theory used in solving negotiation problems with web-based negotiation support systems and then describes a new product and negotiation process called Smartsettle that uses optimization to take negotiators “beyond win-win”. The new concepts introduced in this paper are illustrated in the context of a hypothetical environmental negotiation.