This document provides an overview of appropriate dispute resolution for businesses. It discusses how disputes are inevitable in business relationships. The presenter outlines trends in conflict management, including using a third party neutral to facilitate negotiations, and online dispute resolution tools. The key is assessing each situation and choosing a resolution approach tailored to the specific issues and parties involved. Resolving disputes requires changing attitudes towards conflict, having open conversations to understand different perspectives, and building agreement in a cooperative manner.

1. Appropriate Dispute Resolution
for Small (and Big!) Business
Greater Victoria Chamber of Commerce
April 6, 2011
Ben Ziegler (Collaborative Journeys)

2. Agenda
1. Disputes happen
2. Getting to resolution
3. Some trends in conflict management
4. Doing what’s appropriate for your situation
5. Discussion

3. Credentials
• Freelance mediator & business consultant since 2001
• Mediator & mentor in BC Court Mediation Program
• Online Dispute Resolution mediator & consultant (eBay, BC
government)
• Advisor on CESO (NGO) international development projects
• Past employee Accenture, Sierra Systems

4. About you?

5. Conflict is “normal”

6. Disputes
happen

7. B-2-B
B-2-C
C-2-C

8. Disputes about…

9. At what cost?
emotional
continuity
opportunity
direct

10. Why is resolution so hard?
Our nature What we nurture

12. Getting to Resolution

13. Conflict management styles
high
Competing Collaborating
Assertiveness
Compromising
Avoiding Accommodating
low high
Cooperation
Based on Thomas-Kilmann Conflict Mode Instrument

14. Dispute Resolution
attitude agreement
conversation connection

15. 1. Attitude

16. Bid for connection
Many : 1

17. The magic relationship ratio

18. “Yes,
but
and…”

19. Reframe conflict
…and change the game

20. 2. Let’s talk

21. Change through conversations

23. Structure
Influences behaviour

24. Make it…
safe to fail

25. one-to-
one

26. all together

27. online

28. Tell stories
The “gutter”
The Story

29. Are you listening to listen or
listening to talk?

30. Peel the onion
Understand needs… yours and others

32. 3. Build bridges

33. Have a framework
Mary Parker Follett, circa 1920

34. Find common ground
Balance me AND we

35. Triangulate

36. Use metaphor

37. Apology!

38. Welcome the unexpected

39. Appreciate
Appreciation may be the most significant
human psychological need

40. 4. Reach agreement

41. Iterate to agreement
Sunlight of
thought
Sea of activity

42. What’s your mindset?
Agreement for results
or
Agreement for protection

43. 10 Elements of (any) Agreement
1. Intent and specific vision
2. Roles
3. Promises/commitments to action
4. Time and value
5. Measurements of satisfaction
6. Concern, risks, and fears
7. Renegotiation/dissolution
8. Consequences
9. Conflict resolution
10. Agreement?
Source: Stewart Levine’s The Book of Agreement

44. 5. Rework for next time

45. Knowledge Bank
Invest
what
you
learned “residue” of experience
disputes other
worlds

46. “daily life is foreplay for
relationships”
(Kate Feldman)

47. Make it a habit
21 days

48. Some trends
in conflict resolution

59. Business sustainability
is linked to long-term relationships
And believe in…

60. Doing what’s appropriate
for your situation

61. Assess the situation
What happened?
What are the issues?
Why are they important?
How do they see things?
What am I/we going to do
about it?
Reality check…

62. Who decides?
They
I We We +

63. I can deal with it myself

64. Direct negotiations

65. A3 rd party neutral
facilitates negotiation…

66. Bring in the 4 th Party
4th Party
(ICT toolkit)
when location matters

67. 3rd Party Ruling
Crowd Wisdom

68. A plan for resolution
1. Assess the situation
2. Decide on a resolution approach
3. Agree on an action plan
4. Get together and talk
5. Find common ground
6. Craft a settlement agreement
7. Learn from the experience

69. Thank You
Ben Ziegler
516.3936
ben@collaborativejourneys.com