Appropriate Dispute Resolution  for Small (and Big!) BusinessGreater Victoria Chamber of CommerceApril 6, 2011Ben Ziegler ...
Agenda1.   Disputes happen2.   Getting to resolution3.   Some trends in conflict management4.   Doing what’s appropriate f...
Credentials•   Freelance mediator & business consultant since 2001•   Mediator & mentor in BC Court Mediation Program•   O...
About you?
Conflict is “normal”
Disputeshappen
B-2-BB-2-CC-2-C
Disputes about…
At what cost?                   emotional          continuity    opportunity direct
Why is resolution so hard? Our nature    What we nurture
Getting to Resolution
Conflict management styles                 high                        Competing               CollaboratingAssertiveness ...
Dispute           Resolution  attitude          agreement  conversation   connection
1. Attitude
Bid for connection  Many   :   1
The magic relationship ratio
“Yes,        but        and…”
Reframe conflict           …and change the game
2. Let’s talk
Change through conversations
StructureInfluences behaviour
Make it…   safe    to   fail
one-to-one
all together
online
Tell stories               The “gutter”                The Story
Are you listening to listen or     listening to talk?
Peel the onion      Understand needs… yours and others
3. Build bridges
Have a frameworkMary Parker Follett, circa 1920
Find common ground      Balance me AND we
Triangulate
Use metaphor
Apology!
Welcome the unexpected
AppreciateAppreciation may be the most significanthuman psychological need
4. Reach agreement
Iterate to agreement                Sunlight of                 thought               Sea of activity
What’s your mindset?  Agreement for results          or Agreement for protection
10 Elements of (any) Agreement 1. Intent and specific vision 2. Roles 3. Promises/commitments to action 4. Time and value ...
5. Rework for next time
Knowledge BankInvestwhatyoulearned   “residue” of experience          disputes      other                        worlds
“daily life is foreplay for     relationships”          (Kate Feldman)
Make it a habit      21 days
Some trendsin conflict resolution
Business sustainabilityis linked to long-term relationships       And believe in…
Doing what’s appropriate   for your situation
Assess the situation         What happened?         What are the issues?         Why are they important?         How do th...
Who decides?                  They I    We   We +
I can deal with it myself
Direct negotiations
A3 rd party neutralfacilitates negotiation…
Bring in the       4 th   Party                                   4th Party                                  (ICT toolkit)...
3rd Party Ruling      Crowd Wisdom
A plan for resolution 1.   Assess the situation 2.   Decide on a resolution approach 3.   Agree on an action plan 4.   Get...
Thank YouBen Ziegler516.3936ben@collaborativejourneys.com
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011
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Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011

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Presentation delivered, on April 6/2011, at the Greater Victoria Chamber of Commerce, as part of their Business Education Series.

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Dispute Resolution for Small Business - Greater Victoria Chamber of Commerce - April 6 2011

  1. 1. Appropriate Dispute Resolution for Small (and Big!) BusinessGreater Victoria Chamber of CommerceApril 6, 2011Ben Ziegler (Collaborative Journeys)
  2. 2. Agenda1. Disputes happen2. Getting to resolution3. Some trends in conflict management4. Doing what’s appropriate for your situation5. Discussion
  3. 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. 4. About you?
  5. 5. Conflict is “normal”
  6. 6. Disputeshappen
  7. 7. B-2-BB-2-CC-2-C
  8. 8. Disputes about…
  9. 9. At what cost? emotional continuity opportunity direct
  10. 10. Why is resolution so hard? Our nature What we nurture
  11. 11. Getting to Resolution
  12. 12. Conflict management styles high Competing CollaboratingAssertiveness Compromising Avoiding Accommodating low high Cooperation Based on Thomas-Kilmann Conflict Mode Instrument
  13. 13. Dispute Resolution attitude agreement conversation connection
  14. 14. 1. Attitude
  15. 15. Bid for connection Many : 1
  16. 16. The magic relationship ratio
  17. 17. “Yes, but and…”
  18. 18. Reframe conflict …and change the game
  19. 19. 2. Let’s talk
  20. 20. Change through conversations
  21. 21. StructureInfluences behaviour
  22. 22. Make it… safe to fail
  23. 23. one-to-one
  24. 24. all together
  25. 25. online
  26. 26. Tell stories The “gutter” The Story
  27. 27. Are you listening to listen or listening to talk?
  28. 28. Peel the onion Understand needs… yours and others
  29. 29. 3. Build bridges
  30. 30. Have a frameworkMary Parker Follett, circa 1920
  31. 31. Find common ground Balance me AND we
  32. 32. Triangulate
  33. 33. Use metaphor
  34. 34. Apology!
  35. 35. Welcome the unexpected
  36. 36. AppreciateAppreciation may be the most significanthuman psychological need
  37. 37. 4. Reach agreement
  38. 38. Iterate to agreement Sunlight of thought Sea of activity
  39. 39. What’s your mindset? Agreement for results or Agreement for protection
  40. 40. 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
  41. 41. 5. Rework for next time
  42. 42. Knowledge BankInvestwhatyoulearned “residue” of experience disputes other worlds
  43. 43. “daily life is foreplay for relationships” (Kate Feldman)
  44. 44. Make it a habit 21 days
  45. 45. Some trendsin conflict resolution
  46. 46. Business sustainabilityis linked to long-term relationships And believe in…
  47. 47. Doing what’s appropriate for your situation
  48. 48. 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…
  49. 49. Who decides? They I We We +
  50. 50. I can deal with it myself
  51. 51. Direct negotiations
  52. 52. A3 rd party neutralfacilitates negotiation…
  53. 53. Bring in the 4 th Party 4th Party (ICT toolkit)when location matters
  54. 54. 3rd Party Ruling Crowd Wisdom
  55. 55. 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
  56. 56. Thank YouBen Ziegler516.3936ben@collaborativejourneys.com

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