Would you rather make a profit
or prove you are right?
The struggles people go through are remarkably similar. We’re here for you (or someone you know) when you’re ready to take a proactive approach to controlling problems and conflicts.
We can help you
We help decision-makers and those who work with them—including c-level executives, principles, directors, investors, managers, HR professionals, attorneys, accountants, consultants, business brokers, and others who advise and serve businesses. We will work with you if you are someone with:
Vision. Vision enables you to efficiently separate the important from the unimportant and to move quickly to agreement. It fuels your passion, solidifies your commitment, and gives you direction.
Commitment. Your dedication to the success of your business is so strong you welcome other people’s new ideas that can make it better In fact, your business is more important than proving you are right in a dispute.
Self-Awareness. You recognize some solutions to problems can be more satisfying than others, and you are willing to take responsibility for reaching those solutions.
Passion. You pursue and acknowledge the truth even if it is unpleasant.
Decisiveness. You are ready to exploit unexpected opportunities that may be presented.
Here are a few of the Services we can provide to you
We are committed to helping you resolve problems on all levels with fair and equitable solutions based on the real-needs of everyone involved within the realities of each unique situation. We work to eliminate false obligations (such as guilt) and feelings of being a victim. We believe the process for reaching these solutions should be controlled by the parties, and we empower participants so that they take control of their actions instead of merely reacting.
Full Time or Contract Ombuds
The opportunities and benefits a full or part time Ombuds can provide to your organization are discussed in other places on this web site. We suggest you begin by learning more about Ombuds Basics.
Even for great negotiators advantageous deals may perish on the vine for a variety of reasons. Parties may have hidden agendas, or think they are acting rationally when they’re not. In a negotiation both sides can get everything they want and the result may be crippled and stillborn.
Our Deal Alchemy approach focuses on real-interests (as opposed to apparent interests), enhances relationships, and creates a “healthy middle” that can prosper. This approach expands your solution opportunities, and it can be utilized as a supplement or alternative to all manner of negotiations.
Families are tough. Lawsuits drive families apart, and only the lawyers win. Mediations provide a confidential opportunity for everyone to have their say. Questions can be asked. Relationships can be repaired or healed. Mediated agreements can encompass both legal and non-legal considerations, and may contain provisions it would be unlikely or impossible for courts to grant. Finally, mediation offers the possibility for win-win solutions.
All kinds of family topics are appropriate for mediation. For example, the issues may relate to succession or sale for a family business, or may be about probate, trust, guardianship, or care of a family member with diminished capacity. These are tough, painful conversations, and everyone needs to be heard and considered.
Mediation avoids the pain and expense of litigation (including discovery). It is a particularly good approach to solving problems before they get out of hand because it easily identifies hidden interpersonal obstacles that may be masking the real problem. For example, the parties may have incongruous ways of processing information, be operating under different assumptions, or be the victim of their own tightly held beliefs.
We believe the parties themselves are best equipped to solve their own problems. Proactive mediation provides an opportunity for unvarnished evaluation of everyone’s position, and maximizes an exchange of information. It may be the only opportunity to speak directly with the other principal. This information produces better decisions, more possible solutions, and makes advantageous agreements more likely.
Court Ordered Mediation
Court ordered mediation may be the last time you have any real control over the outcome. At trial the judge or arbitrator will have total authority, and there is no justice in the legal system.
But solutions are possible now. It’s often the case that the apparent obstacle is masking the real problem. Contrary to popular myth, 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.
There is a wide range of issues in business that can be solved without drama by mediation. For example, there may be problems involving the board, shareholders, management, or the company’s founders. You may have a problem with a contract. There may be an IP concern, such as a royalty, infringement, demand regarding importation, or a violation of confidentiality. You may have a problem involving employees, customers, a strategic partner or supplier.
You might also want to use mediation in new areas. For example, it can help to clarify performance parameters before entering into a contract, or to help reorient relationships under changed circumstances, or an ongoing strategy to solve problems arising with continuing relationships in large projects.
used to find a solution
sets the limits
of possible solutions
Knowing how you and others become stuck in a conflict will empower you to more easily solve your own problems. Download a free chapter from David’s book Conflict Is Not A Sporting Event.
Understanding 3 basic principles relating to our approach for solving problems may help you take less affect from problems when they arise. Learn more about How It Works.
We’d like to learn more about your organization with a no obligation conversation. Contact us if you think we might be able to help you, or if you’re curious about how we view your situation.