Please read the following guidelines and discuss with your facilitator.

Role of a Facilitator and Smartsettle

To ensure procedural equity in this process, the Facilitator & Smartsettle both understand and agree to the following:

1 We will treat all parties fairly and neutrally, showing no prejudice against or bias toward any party. We will fully disclose any conflicts of interest.
2 Although we may make suggestions if necessary to move the process forward, we will always allow the parties to make their own decisions about settlement.
3 We will respect every party and work to listen to, understand and neutrally interpret its positions in this dispute.
4 We will conduct ourselves according to the confidentiality provisions specified by law. We will not require anyone to disclose confidential information and will consider all communication confidential unless specified otherwise.
5 Whenever requested by either party and at their expense, we will destroy all recorded confidential information. We will not disclose confidential information learned in this process to others, except as required by law. For example, in unusual circumstances, a judge can order disclosure of information that would prevent a manifest injustice, help establish a violation of law, or prevent harm to public health and safety.
6 We will respect any party’s wish to terminate the negotiation process at any time.
7 We will not participate in any subsequent proceeding concerning this dispute in any capacity.
8 We will not understand our position as protecting any party or its legal rights. We are not attorneys or advisors for any party; each party must make its own decisions and retain their own independent representatives for legal counsel about those decisions if so desired.
9 We will encourage parties to use Smartsettle in a manner that produces fair and efficient solutions.
10 We will schedule a telephone conference call among parties if so requested by anyone.
11 We will allow parties to freely communicate among themselves by any means they choose.


Role of Negotiating Parties

To ensure participatory equity among the parties, each party understands and agrees to the following:

1 We will collaborate in searching for an agreement that is both fair and efficient.
2 When searching for solutions, we will respectfully allow others to freely suggest issues or resolutions without fear of our criticism.
3 We will demonstrate integrity and good faith in giving honest feedback that is directed toward any challenges.
4 Our communication will always show respect. We will identify and work towards improving any inappropriate behaviors in our conversations. If we wish to communicate our dislike about somebody or something, we will do so in terms of how it makes us feel (i.e., no name calling or put downs).
5 When called upon to communicate non-confidential information to another party or the facilitator, we will do so candidly and honestly.
6 When describing the conflict or our positions, we will avoid any extremism that may be offensive to others.
7 We will expedite the process at all times. We will not interrupt each other when communicating directly.
8 We will inform others if we wish them to treat certain information in a special way.
9 We will be open to changes or additions and be willing to revise information at a previous step if necessary.
10 We agree that all information revealed in this process is given without prejudice and that none of it may be used in any subsequent proceedings without prior consent of the other party.
11 We agree to let the facilitator know whenever we have any concerns about the process or see a need to communicate information in some other way.