David has developed proprietary software (on a tablet) that can help the parties resolve those cases that involve the payment of money.
Often parties become polarized because they don’t really know where to start in the negotiations, or they don’t want to tip their hand to the other side (or to the mediator for that matter) that they are prepared to pay a lot more, or take a lot less, as the case may be. When mediation starts to come to an unsuccessful close, David may suggest, if the settlement dynamic warrants, that the parties try using StaleMate which will privately take each party’s “bottom line” number and evaluate whether there is any reasonable prospect at resolving the dispute through continuing negotiations.
The pure genius of StaleMate is that it keeps the parties positions private, even from the mediator, unless the parties authorize the mediator to see the offers they typed into StaleMate. As such, the parties can be very candid when entering their bottom line positions, without fear that it will set the bar too high or too low, in the event that the mediation still fails to resolve the dispute.
The genius part of StaleMate is that its proprietary algorithms will not allow negotiations to continue if one party makes a significant compromise while the other does not. And more importantly, StaleMate will never allow the parties to know what the other party offered. Stalemate simply reports back on whether the negotiations are likely dead, or whether there is a high probability that the case could resolve if the negotiations continued.
