Mediation 101 for Business: Practical Applications Beyond...

Mediation 101 for Business:Practical Applications Beyond the Legal Paradigm

Dr. Randall L. Kinnison

“Creating Peace on Earth”

Thursday, November 3, 2011

The Need for Mediation



The Need for Mediation

A man is stopped by a policeman at 2a. He says, “I am on my way to a lecture about alcohol abuse and the effects it has on the human body, as well as smoking and staying out late." The policeman says, “Really. Who is giving that lecture?” The man said, “That would be my wife.”



What is mediation?



What is mediation?

• Formal name for mediation is Alternative Dispute Resolution (ADR).



What is mediation?


• Voluntary.



What is mediation?


• Voluntary.

• Non-binding.



What is mediation?


• Voluntary.

• Non-binding.

• Confidential.



What is mediation?


• Voluntary.

• Non-binding.

• Confidential.

• Client led.



What is mediation?


• Voluntary.

• Non-binding.

• Confidential.

• Client led.

• Impartial (mediator is a neutral)



What is mediation?


• Voluntary.

• Non-binding.

• Confidential.

• Client led.

• Impartial (mediator is a neutral)

• Creates a “safe” place to hold critical conversations.



How can mediation assist in business areas?




• Partnerships.




• Partnerships.

• Family Business.




• Partnerships.


• Conflict Coaching for managers/owners.




• Partnerships.



• Workplace conflict.




• Partnerships.




• Succession Planning.




• Partnerships.





• Medical/Real Estate/Building




• Partnerships.





• Medical/Real Estate/Building

• Non-Profit



Partnerships



Partnerships

• Common scenario: Two friends get together thinking it will be great doing business together. The dream becomes a nightmare.

• Consultation on selecting a potential partner/founder.

• Review of Operations and Buy/Sell Agreements.

• Mediation of current conflict and modification of the business plan to mitigate future conflict points.

• Best possible landing if dissolution is necessary.



Family Business



Family Business

• Common scenario: Roles and responsibilities are not well defined within the family business. Conflict within the business that bleeds over to the family, or visa versa.

• Consultation with the family members before launching the business.

• Review of Operations and Buy/Sell Agreements.

• Mediation of current conflict and modification of the business plan to mitigate future conflict points. Soft landing if dissolution is necessary.

• Opportunity for reconciliation of family relationships.



Conflict Coaching



Conflict Coaching

• Common scenario: Many business and non-profits do not adequately train upper and mid-level management with conflict resolution skills.

• Conflict at any level costs businesses time and money.

• One day Conflict Coaching can assist those in management with conflict resolution skills.



Workplace Conflict



Workplace Conflict

• Common scenario: Conflict between co-workers is spreading to an all out war on the floor/department.

• Combination of teaching/training with mediation of conflicted individuals or groups.

• Neutral outside source can assist with HR issues.

• Mediation can de-escalate a situation that might lead to litigation more effectively and efficiently.



Succession Planning



Succession Planning

• Common scenario: Dad starts the company. He wishes to retire and leave the business to his son/daughter/children. The hand off does not go well.

• Initial consultation revealing cash flow needs/goals of the seller and potential of successor(s).

• Mediator can act as team captain of business and estate attorneys, CPA, financial planner and other professionals. Mediator looks after the best interest of all parties and assists with any conflict points.

• Mediator meets with parties as often as necessary post-succession to assist with a smooth transition.



Medical/Real Estate/BuildingOther Businesses



Medical/Real Estate/BuildingOther Businesses

• Common scenario: Any business vertical has unique conflict points.

• Medical practice groups and clinics must manage physician egos.

• Property management deals with conflict between landlord/tenant and HOAs.

• Developers experience volatile public meetings. Contractors experience conflict with customers and subs. Defect construction is a billion dollar litigation industry.

• Hospitality industry conflict points between customers and vendors.



Non-Profit



Non-Profit

• Common scenario: Non-profits experience conflict within leadership (board members with Executive Director/Staff), managers to employees, and volunteers.

• Consultation at formation. Roles and responsibilities of board members and staff.

• Workplace conflict or training.

• Mediation between parties at the leadership level.

• Mediation between managers and employees or volunteers.



When and How to Involve a Mediator




• When you cannot be perceived as a neutral in a crucial dispute or situation.





• When the complexity of the conflict is beyond your skill set.






• If the situation could possibly head to litigation, introduce the mediator as a potential alternative. The courts are always open.







• If the situation is not litigious, rather more relational and emotional, introduce the mediator as a “conflict coach.” When people hear the term, “mediation,” they can perceive the situation is more serious than previously considered, or feel they have failed as a family or friend.







• If the situation is not litigious, rather more relational and emotional, introduce the mediator as a “conflict coach.” When people hear the term, “mediation,” they can perceive the situation is more serious than previously considered, or feel they have failed as a family or friend.

• Where to find a mediator - Oregon Mediation Association.



How a Mediator Proceeds with a Case




• Typically begins with a consultation with the contact person(s).





• Agreement is reached and Scope of Work signed.






• Parties are notified a mediator will be contacting them. (Case Development) Narratives are submitted followed by interviews.







• Mediation(s) are scheduled. Face to face meetings are preferable. Virtual mediations are used when necessary.







• Mediation(s) are scheduled. Face to face meetings are preferable. Virtual mediations are used when necessary.

• Follow up with an Action Plan, legal documents, or other professionals.



Community Mediation Resources

• Hillsboro Mediation Center.

• Beaverton Resolution Center.

• Clackamas County Dispute Resolution Center.

• Gresham City Mediation Center.

• Multnomah County Courts. Probate mediation is now offered.



About Me

• Connect with me on Linked In, Facebook, and Twitter (DoctorPeace)

• Monthly newsletter featuring workshops and speaking engagements.

• Contact Karlyn Gedrose for training and inservice opportunities.

• Genesis Mediation is a growing firm of mediators with multiple locations.

• [email protected]/phone:503.352.9447/www.genesismediation.com

• DBA is Bridge Builders Christian Mediation.



mailto:[email protected]

mailto:[email protected]

http://www.genesismediation.com

http://www.genesismediation.com

Mediation 101 for Business: Practical Applications Beyond...

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