by Jane Beddall on December 30, 2010
As 2010 draws to a close, year-end reviews become popular.
- We’re all told to take a cold, hard look at where we are and where we need to go.
- Businesses are encouraged to examine where they can make marginal changes to improve their bottom line.
- Individuals are urged to pick one, small change that they can implement to reduce stress and enjoy life more.
What about the big picture: the essential things you already know you must do, but somehow don’t get done?
- You know that your family business needs to create a succession plan, but you don’t know how to start the discussion, in the family or in the business.
- You know that you need to have a conversation with your family about your estate planning priorities and decisions.
- You know that you need to talk with your elderly parents about challenging topics related to aging.
I can help you with these conversations. Ask me how. Always a complimentary, confidential, initial consultation.
by Jane Beddall on December 27, 2010
There are certain truths about conflict, conflict resolution, and mediation that we know are timeless. Yet they don’t always rise to the top of our consciousness. This month, repeatedly, I have found myself discussing the merits of business mediation with business owners who really “get it”. In particular, they are looking for a dispute resolution process that will serve their own interests in a far-reaching and essential way.
These business partners have accepted that their current business structure cannot continue. They also recognize that all those involved are going to continue working in the field that their business is in. Most important from the conflict resolution (and even conflict prevention) perspective is the focus on ending the business relationship in a way that preserves both business capital and personal capital.
These savvy businesspeople understand that talk (a/k/a gossip) about their business divorce is inevitable. So, not only do they want to handle the business assets in a way that reflects well in the bottom line. They also want to behave, corporately and personally, in a way that reflects well on them as individuals who will continue doing business in their field. That’s where mediation can help.
by Jane Beddall on December 22, 2010
I’ve written before about Kenneth Feinberg and and his work involving the BP Gulf oil spill. In today’s New York Times, an article by John Schwartz, “Comments By Overseer of BP Fund Irk Lawyers,” talks about a lawsuit filed by plaintiffs’ attorneys over statements Feinberg has made that encourage claimants to apply for compensation through the fund instead of filing suit.
I have been watching the description of Feinberg and his work over the years and I am pleased to see that the word “mediator” is being used less frequently. Few would question (well, obviously plaintiffs’ attorneys do) the value of his work with regard to various mass tort situations. But it’s inaccurate to call it “mediation”. Administration of the BP fund is a more accurate description.
Today’s article mentions that the Department of Justice has urged Feinberg to process claims faster and to provide more transparency. Mediation does provide faster resolution than many other forms of dispute resolution. But confidentially is a hallmark, not public transparency. The article goes on to say that the federal government has not questioned Feinberg’s independence. If we equate independence with impartiality in this context, that’s one characteristic that this “administrator” and every competent “mediator” share.
by Jane Beddall on December 20, 2010
When parties find themselves in conflict and begin to think about resolution of that conflict, they may be just starting to view the dispute with more input from their reason than their emotions. When we are caught up in a conflict for some time,we can fall into demonizing the other side and we can become ever more convinced of the rightness of our own position.
In reality, it is hard for any of us to look at a situation where we need to get to conflict resolution with objectivity. That’s the whole point of mediation: the mediator has no stake in the outcome. The challenge for parties can be in recognizing that almost any dispute has some middle ground, at least one area where it’s not so clear that one party is completely right and another is completely wrong.
Parties to a dispute need to use their heads to find those areas and appreciate the reality in them: parties in conflict need use their gray matter to see those gray areas. Mediators can help.