by admin on April 30, 2008
Some may think that business mediation is limited to resolving conflicts before a lawsuit is filed or an arbitration begun. A little more broadly, mediation is certainly possible when a lawsuit is pending, before or during trial — or even during the appeal process.
A recent article in the Times-Standard of Eureka, CA is a good reminder that the mediation process can fit into almost any conflict situation. The article, Judge Orders Mediation in Palco Case, discusses the decision of a U.S. Bankruptcy Court judge to order creditors to attempt to mediate their differences regarding the reorganization of Palco (Pacific Lumber Co.) Two proposed plans are under consideration, and if a mediated agreement is not reached, hearings will begin and the judge will choose one of the two plans.
As is often true in a business mediation, the parties face some uncertainty about their BATNA (Best Alternative to a Negotiated Agreement.) If the bankruptcy judge chooses one plan over the other, there will be a clear winner and a clear loser. Each party’s uncertainty about who will be cast in which role is a major motivation to reach an agreement.
by admin on April 23, 2008
Part of former Senator George Mitchell’s National Public Radio interview about the tenth anniversary of The Good Friday Agreement of 1998 touched on the qualities a mediator needs to possess. The process of creating that accord took many months, with plentiful naysayers, ongoing flare-ups of violence in Northern Ireland, and a complicated path to resolution. Mitchell cited three attributes essential for a mediator: patience, determination, and hope. Good choices.
Patience is necessary for the mediator to help the parties resolve difficult disputes. If a quick fix were possible, the parties could probably reach agreement without the assistance of a mediator.
Determination helps the mediator continue to move forward in the process, even when the obstacles presented by the issues (or the parties themselves) are high.
Finally, the mediator can possess hope for a successful resolution when the parties in conflict are discouraged. Because the mediator has helped resolve other disputes where detours and setbacks were overcome and agreements reached when they had seemed beyond everyone’s grasp, the mediator can offer hope that this dispute, too, can be resolved.
by admin on April 22, 2008
In former Senator George Mitchell’s interview on National Public Radio discussing the tenth anniversary of The Good Friday Agreement in Northern Ireland, he addressed the issue of “failure”. The process of reaching the agreement was contentious and lengthy. Protests and violence continued as negotiators worked to create a resolution. Some said that the talks were failing, as the days, weeks, and months passed without an agreement. As Mitchell described it, the process saw 700 days of failure — until it reached success. The same might be said of any meditation process: until resolution is reached, the process is unsuccessful. But if the process is moving the parties towards an acceptable resolution, it is success in the making.
by admin on April 21, 2008
On April 10, 1998, The Good Friday Agreement was signed. The document was designed to address the relationships of political parties within Northern Ireland and the relationship between the British and Irish governments. The agreement emerged from a long and difficult process. One of the key players was former U.S. Senator George Mitchell.
Talking recently about the tenth anniversary of the accord in a National Public Radio interview, Mitchell acknowledged how difficult it had been to reach agreement among parties who had been in conflict for many years. The troubles in Northern Ireland had led to many deaths over the years and efforts to sabotage previous agreements that created a foundation for The Good Friday Agreement were common. The entrenched distrust and hatred of many involved was well-known throughout the world.
The Good Friday Agreement was not perfect and did not end all conflict among the parties. But it did allow these combatants to construct a framework for further progress. Mitchell said the historic agreement showed that there is no conflict that can’t be resolved.