II. Qualify Interests
The parties in this case are Syria and Israel. They have named their case MidPeace Dysnay. In the first phase with Smartsettle, parties must produce a Single Negotiating Form that represents all their interests. The Single Negotiating Form is similar to a final agreement except for blanks that represent unresolved issues. The following Single Negotiating Form used by parties in this case has evolved over several months during the negotiating proces.
MidPeace Dysnay Project Agreement Single Negotiating Form
If you are an ADR Cyberweek observer and are not familiar with the geography of Israel and Syria and surrounding areas in the middle east region, there is more information here, including descriptions and links to information related to places referred to in this simulation.
Within 30 days of signing of this agreement, Syria and Israel shall each make a deposit into the construction fund for Phase I of the MidPeace Dysnay Project, the total of which must be at least one billion dollars. The administration team shall use this fund to implement the plans according to the decisions agreed to here.
1. Syrian Investment in Dysnay
Syria’s constribution to Phase I of the MidPeace Dysnay Park shall be $US _______ (million).
2. Israeli Investment in Dysnay
Israel’s constribution to Phase I of the MidPeace Dysnay Park shall be $US _______ (million).
3. Ownership in Dysnay
It has been agreed that ownership in Dysnay shall be related to investment but, based on the the combination of other factors in this agreement, it need not be strictly proportional. For the purposes of calculation by Smartsettle, percentage ownership shall not be more than twice the percentage investment. Percentage investment shall be calculated as a percentage of the target cost of the project ($ US 1 billion). The ownership allocated to each country shall be as follows:
Israel ________% Syria ________%
However, the ownership of each country may change at a later stage when further investments for future enhancements of the park are negotiated.
4. Dysnay Park Location in the Golan Heights
The new park will be built in _________________ (Katzrin / Djobta El Hitshab / Kunitra).
5. Park Size
The total land area to be acquired for construction of the park shall be about _______ sq. km. This is a very significant issue related to the overall cost of the project. More land acquired at this time will establish opportunity for expansion in later phases but fewer funds will be immediately available for the Phase I construction activities.
6. Division of Workers
There will be given opportunity for workers from both Syria and Israel, as well as surrounding countries. However, priority will be given to Syrian workers until the average proportion of Syrian workers involved in the different sub projects is at least _______ %.
7. Division of Contracts
Syria and Israel agree that companies from both countries as well as other outside countries shall be allowed to bid on the construction jobs. However, it is agreed that a certain percentage of the contracts shall be reserved for Syrian companies. For the purposes of calculation by Smartsettle, contracts awarded to Syria may not be more than twice the percentage of workers agreed to above. On that basis, at least _______ % of the contracts shall be given to Syrian companies.
8. Train Line
At least one new train line will be built in the first phase to facilitate travel to the park for those living far away. More lines may be built later, however, the first line to be built will run from the new park to_________________ (Damascus / Aleppo / Beirut / Haifa).
9. Construction Time
Phase I of the Midpeace Dysney Park shall be constructed within _______ years.
10. Security Supervision
The securities issues shall be directed _________________ (by Syria / conjointly / by Israel).
— to be signed and dated —
Appendix A is an imaginary document that contains feasibility study and costing data that was hired by a fact-finding team sponsored jointly by Israel and Syria.
Appendix B is an imaginary supporting document that has been prepared by a team of legal professionals. It will become part of the final agreement.
The remainder of this document includes hypothetical narrative discussions that were produced by the simulation participants.
Facilitator: Ten issues can be summarized from the agreed Single Negotiating Form. This “shared information” has been entered into the Smartsettle interface.
Figure 1 Shared Information
The Shared Information window displays data that is shared among all parties. Any number of parties and issues can be modeled with Smartsettle. New versions are created when the shared information changes. Parties may go back to a previous version if they do not accept changes.
Facilitator: I will now meet with each of you separately to assist your private facilitators in entering bargaining ranges and confidential preferences.