Introductions

Resolving Disputes Quickly & Effectively: How Mediation Can Help Your Business [Name or organization] [Date]

Agenda 1.Welcome and Introductions 2.Current Conflict Challenges for Business 3.The Truth(s) About Conflict 4.The Cost of Conflict 5.What is Mediation 6.How can Mediate BC help 7.Real-life Examples 8.Discussion & Questions

Current Conflict Challenges for Business What brings you here today? What kinds of conflicts are challenging your business? Your family?

The Truth(s) About Conflict 1.Conflict IS! 2.Conflict that is not addressed can fester and escalate 3.Deal with it – Conflict is an Opportunity 4.Conflict often starts with communication problems

What Kinds of Conflicts Do You Face? Fee disputes with suppliers or customers –Unpaid debts –Allegations of poor service or damaged goods Disputes with government Disagreements with investors or lenders Commercial lease disputes Insurance disputes Copyright or trademark disputes Workplace conflict: –Wrongful dismissal / constructive dismissal –Bullying & harassment –Team dynamics Etc.

“Unmanaged conflict is the largest reducible cost in organisations today, and the least recognized” Dan Dana

The Cost of Conflict 1.UK: –Conflict costs over £33 billion / yr – every year –Over 80% is damage to the business and not legal costs –Over ¼ of managers spend 5 – 8 hrs/week dealing with conflict 2.Canada: –Only 13% of leaders surveyed felt they were effective in dealing with conflict 3.US: –$359 billion/yr for time spent dealing with conflict in the workplace

The Cost of Conflict Types of costs for business conflict: 1.Time away from business 2.Legal and support costs 3.Reputational costs

The Cost of Conflict Types of costs for workplace conflict: 1.Over 65% of performance problems 2.Up to 90% of involuntary departures 3.Reduced productivity 4.Degraded decisional quality 5.Increased sick days, absenteeism, tardiness 6.Grievances 7.Vandalism 8.Recruitment, retraining, etc. 9.Secondary morale effects

Conflict Tips – Brain Science 101

Conflict Tips Curiosity Dealing with upset people: –Breathe –The presenting issue may not be the real issue –Mirroring –EAR (Empathy, Attention & Respect) –Tone & body language –Make a list –Ask them to make a proposal Focus on the future

What is Mediation? The parties meet to discuss and resolve a dispute with the assistance of an impartial third party – the mediator Mediators: –Facilitate communication –Encourage the exchange of information –Urge the parties to look at the problem from different perspectives –Help them to explore ideas for resolution Different from Arbitration –In mediation the parties make the decisions

AdjudicationvsMediation

Why Mediation? Mediation saves money Mediation is quicker compared to a court action Mediation works –It can be used for many types of conflicts –It is practical, safe and private –It can help to maintain relationships and provide opportunities for personal growth –It can offer unique solutions not available through court –It provides settlement agreements which are enforceable –Settlement rates are high –People are very satisfied with the mediation process

Family Mediation More affordable, timely and accessible Considers interests/needs in addition to legal rights Uniquely tailored solutions Preserves relationships Families make their own decisions Agreements legally binding once signed by both parties

The New BC Family Law Act Family mediators must be highly qualified Mediators must: –Assess for family violence –Discuss various dispute resolution options –Advise of facilities and other resources to help the family

The New BC Family Law Act Puts the interests of children first Encourages families to use mediation and other dispute resolution options before using the courts Agreements are emphasized

How Can Mediate BC Help Your Business? Mediate BC Society is the BC hub for mediation information, services and programs We are a not-for-profit society committed to providing people with practical, accessible and affordable choices to prevent, manage and resolve disputes. We are shifting the culture to healthier conflict choices We can help you: –figure out if mediation would be helpful in your situation –find a mediator on one of our Rosters –design a customized conflict resolution program for your business

Questions? What’s next – Real Life Examples

Questions and Discussion