We recommend expanding traditional uses of mediation.
Yes! Mediation!
But not your father's form of mediation.
Yes! Mediation!
But not your father's form of mediation.
Do you face tough problems like these?
Mediation is powerful, efficient and profitable.
You have frictions among your team or a group of contractors on a large project that is jeopardizing quality and delivery.
You have a long-term IT or other supply contract that limits new business objectives.
You have a strategic outsource manufacturer or other partner that is not meeting specs or delivering late.
You have engineering and sales departments with conflicting objectives.
You have a new legal problem that may bust your budget.
These and a wide-range of transaction and business problems can be effectively solved by mediation. Use it before frictions jeopardize operations or become lawsuits.
Here is why mediation can solve your tough problems.
If utilized in the right way, mediation can clear obstacles to achieve your real-needs by
Focusing on solutions instead of problems - on issues rather than personalities;
Concentrating on the big picture - on dollars, not pennies;
Empowering participants so that they take control - instead of merely responding to the other party(s); and,
Clearing obstacles so that you can achieve your real-needs; and,
Providing new information that produces better decisions, expands possibilities and makes advantageous agreements more likely.
Mediation works best when it is a process controlled by the parties. The parties possess the greatest wisdom about their problems and they are the best source for solutions. Even many consultants agree solutions generated by participants are often implemented more successfully.
Mediation may be your only opportunity to speak to the principal on the other side, and to directly hear what that person has to say.
Contrary to popular myths - mediation is not about splitting the difference, or being forced to give up something to get something, or giving in, or sacrificing what is truly important.
Here is when mediation can be used
proactively for your advantage.
proactively for your advantage.
Who said, "Timing is everything."? This is certainly true for the when of mediation.
For disputes, there are strong reasons to begin mediation early, even though your emotions are screaming for justice. There is, of course, economic reality, and also knowledge of the inevitable pain a lawsuit will cause you. But, more important is the fact that you are not likely to get what you want from a lawsuit - our legal system is not about justice, and it is unlikely you will get everything you want. In most cases it is a crapshoot whether you will get anything you want.
For business and transaction issues, you may not think of using mediation proactively because, as often happens, the apparent obstacle may be masking the real issue. Here are some signals:
You want to resolve a problem before costs escalate or thing spin out of control.
You see people are stuck or are holding on to positions too tightly.
You desire better understanding, increased cooperation, or enhanced commitment and execution among your team or strategic partners.
You observe people have incongruous ways of processing information or hold dissimilar views of substance.
You suspect people are acting with different assumptions, expectations, goals, or similar structures. Or, you want to insure these structures are aligned.
You need people to reevaluate or improve their contextual understanding of tightly held needs, beliefs, or priorities?
Here is what causes many forms of mediation to fail.
Mediations done well can defuse tensions and reach advantageous agreements. But, they often fail or leave people unhappy. Reasons for this include:
Many mediators strong-arm parties to reach a settlement. This is one reason people often leave mediations with a bad taste for the experience. Even mediators who describe their style as “collaborative” are frequently guilty of applying these pressures.
Most mediators only see solutions in terms of dollars. Even business disputes are rarely only about the money.
Though useful in a wide variety of situations, mediation is commonly seen as useful only for late in divorce, litigation, and labor problems. As a result, beneficial solution possibilities fall away as issues fester.
Too often, the real cost of resolving a dispute is measured in terms of your emotional and psychological pain.
We can help you resolve your disputes and many other situations in a beneficial and economical way.
We are committed to helping you solve your problems with solutions based on real-needs.
We are supported by the unique Conflict-Alchemy process.
We are committed to helping you solve your problems with solutions based on real-needs.
We are supported by the unique Conflict-Alchemy process.
Here is how mediation solves your problems.
Mediation works for a variety of reasons, but in each case it can quickly get to the essence of the situation:
Clarifying performance parameters. Mediation may help define and optimize performance terms, build trust, and increase cooperation - especially among venture partners and for complex multi-party projects. After the deal is struck, and before the work begins, it is often advantageous for the parties to sit together and define goals, responsibilities, performance criteria, and the like. There is often greater buy-in and improved performance when parties commit to actions and deadlines in front of co-workers and partners.
Reorienting relationships under changed circumstances. Mediation can help resolve issues associated with business changes that affect ongoing relationships - such as outsource and long-term IT partners. Changes in the economy, management, technology, or markets may cause a business to adjust its operation, or even reinvent itself. An effective mediator can help parties reframe problems, reevaluate goals, redefine means, and refocus on the big-picture – to re-form the relationship and move forward.
Establishing ongoing problem solving. Naming an ongoing mediator in a contract establishes trust and confidence in a process that may help solve emerging differences without drama – often on the telephone. Inside one company, or between many, mediation can help facilitate communication, resolve differences, and identify opportunities for greater cooperation.
The unplanned inevitably occurs and frictions often arise during projects with parties performing dependent tasks – including large construction and IT projects. Establishing Proactive Mediation in a partnering framework provides an efficient way to focus on practical solutions rather than legal positions. This approach is likely to avoid costly delays, broken relationships, and project breakdowns.
The unplanned inevitably occurs and frictions often arise during projects with parties performing dependent tasks – including large construction and IT projects. Establishing Proactive Mediation in a partnering framework provides an efficient way to focus on practical solutions rather than legal positions. This approach is likely to avoid costly delays, broken relationships, and project breakdowns.
It is our experience that the real spirit of mediation is about discovering and establishing new grounds for reaching beneficial agreements.
Your next steps:
Contact us if you or your organization have --
A dispute or lawsuit that you want to resolve;
A situation in which mediation can be used proactively; or,
Questions about Proactive Mediation.
To learn more about programs and services for Conflict-Alchemy, click here. Help you and your team put conflict aside to work more effectively.
Download the free Workbook,Beginning to Make Peace With Conflict™, if you haven’t already done it. This Workbook will help you understand how to discover hidden motivations and other important behavioral signals during negotiations.Click here to download the Workbook and sign-up for the Conflict-Alchemy newsletter.
Use the form below to inquire about Proactive Mediation in more detail.
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