There are now many artificial intelligence programs for negotiation and mediation. Are there lessons mediators can learn from AI?

Here’s a look at one program:

Adjusted Winner® uses Decision Theory and Game Theory to distribute items or issues to disputants based on the values assigned to them by the parties involved. The process requires that the items or issues be divisible and described in numbers, such as dollars or percentages. Each disputant assigns a value to each of the items or issues in dispute for a total of 100 points. The Adjusted-Winner procedure determines a fair outcome based on the premise that items or issues go to whomever values them more. In the end both parties end up with the same number of points. 

For example: If two siblings are disputing their parent’s estate they might assign values as shown below: 

Item                                                 Sally             Jane

Checking account                        50                 40

Home                                         20                 30

Cabin                                         15               1

Investments                                  10                 1

Other                                           5                  10

Total                                                  100                100

Adjusted Winner works by initially assigning, the item to the person who puts more points on it. Thus, Jane gets the home, because she placed 30 points on it compared to Sally’s 20. Likewise, Jane also gets the items in the other category, whereas Sally gets the checking account and the cabin. Leaving aside the tied item (investments), Sally has a total of 65 (50 + 15) of her points, and Jane a total of 40 (30 + 10) of her points. This completes the “winner” phase of Adjusted Winner.

Because Jane trails Sally in points (40 compared to 65) in this phase, initially the investments on which they tie are allocated to Jane, which brings her up to 50 points (30 + 10 + 10). 

Adjusted Winner then determines that Jane receive the home (30 points), the other items (10 points), and the investments (10 points). Together with 1/6 of the checking account, Jane’s point total is now 56.67. Sally would receive the cabin (15 points). Together with 5/6 of the checking account, Sally’s point total is now 56.67. Thus, each person receives exactly the same number of points, as she values their allocations.

The key to fairness in Adjusted Winner, of course, is that the participants are honest in assigning their preferences for the items being negotiated, in other words, a negotiator could attempt to “game” Adjusted Winner by misrepresenting their preferences.

What can a human mediator learn from Adjusted Winner? During mediation disputing parties may argue over items that they neglect to disclose are important to them. Adjusted Winner suggests that encouraging parties to discuss the importantance of each item, helps to facilitate a resolution.

Herb Cohen, author of the bestselling book, You Can Negotiate Anything, is noted as having said “Your real world is a giant negotiating table, and like it or not, you’re a participant.” Due to the book’s popularity, his son Rich Cohen recently published The Adventures of Herbie Cohen: World’s Greatest Negotiator.

 Mediators, of course, don’t negotiate during mediation, but can coach participants in their arbitration. Some of Herb Cohen’s advice applies not only to mediators, but also to those who find themselves in a conflict.

 Herb Cohen’s advice as described by his son:

• Win-win is not only an option, but a philosophy, a worldview, and a goal. To Cohen, win-win outcomes were the only path to long term success.

• If the goal is to solve a problem, don’t humiliate your adversary. Give them a way out and way to save face.

• Be patient. Don’t rush an agreement.

• Most importantly, don’t get fixated on a particular outcome. Be creative and find novel solutions.

 To many, Cohen had a reputation as a hardball negotiator, but his son described his father’s basic truth as: People you are in conflict with today will still be here tomorrow; and you’ll still have to live with them. Herb Cohen would encourage us to accept that philosophy and work back from there.

 That simple approach is one mediators can help disputants understand. Conflicts arise in relationships and unless ties are forever broken, the parties will have to deal with each other again. How they deal with one another in mediation sets the stage for the future.