(A Bargaining System Offered and Administered by Fair Outcomes, Inc. )
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Étienne-Louis Boullée (1728-1799), BnF

Welcome to the Home Page of the generalized version of the Fair Proposals System. (Visitors wishing to access the Home Page of the version of the system that is designed solely for use with respect to monetary claims should proceed to Fair Proposals - MCV.)

The Fair Proposals System (the "System") allows a party that is willing to carry out an exchange with another party under certain terms and conditions to make a credible determination as to whether or not those terms are acceptable to the other party, without first having to fully disclose all of those terms to the other party, and without having to signify any willingness to consider compromise. The System does this by placing the other party in a position where that party can, in confidence, make a similar determination.

To initiate a use of the System, or to run a free test, click on Issue an Invitation. To respond to another party's initiation of the System, click on Respond to an Invitation. A summary of the process appears below.

Summary of the Process

One party (a "First Party," or "she") deposits something of value (such as a promissory note, a release, a purchase and sale agreement, or a settlement agreement that she has signed) as escrow with the administrator of the System or with some other duly authorized escrow agent. She authorizes the agent to deliver the escrow to her adversary if her adversary accepts certain terms by a fixed deadline. She designates at least one term (such as a monetary amount, a date, a term of years, etc.) as a confidential term. She then authorizes the administrator of the System to confidentially interact with the other party in the manner described below.

The administrator of the System gives the other party (the "Second Party," or "he"):

  • notice of what the First Party has done;

  • a description of the escrow and of the general nature of any undisclosed term (such as that it consists of a monetary amount); and

  • an opportunity to confidentially submit data into the System, signifying the Second Party's agreement to accept all of the terms if the undisclosed term falls within certain parameters specified by him within that data (e.g, if the undisclosed term is a monetary amount, he can bind himself to accept it if it is, for example, "equal to or greater than" a number that he specifies).

If the Second Party submits data that satisfies the conditions for a release of the escrow, the matter is resolved. If he submits data that does not satisfy those conditions, the System automatically informs him of that fact and invites him to confidentially submit alternative data, an invitation that is repeated on each such occasion until the deadline has been reached. If the matter is not resolved by the deadline, neither party will know the outcome tendered by the other side, but each will be able to prove, via an affidavit from the System administrator, the outcome that he or she had fully tendered to the other side prior to the deadline.

This website consists of an on-line embodiment of the Fair Proposals System, and a further understanding of its features may be obtained through a review of the various web-pages that appear as part of this site. To learn more about the System, click on Learn More. To gain a practical understanding of how it would function in your particular situation, and to see each of the six steps involved in initiating an invitation, click on Issue an Invitation.

(For general information about our company and the various systems that we offer, visit our Fair Outcomes Home Page.)


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