This is the master deck for my speaking, coaching, training and consulting on how to best resolve conflicts with better assessment, planning, negotiation, and appropriate dispute resolution.

1. Stay in
Control
By David B. Savage

2. Who has ever had a conflict in your life?
Who has ever felt they could have done a better job
resolving that conflict?
Who would like to explore ways of creating better outcomes?

3. Stay in Control: Making It Real with You
What kinds of disputes do you deal with regularly /
what are the root causes of the majority of them?
Where do you feel most challenged when trying to
present your perspective to another party?
What do you wish will change?

4. Stay in Control: Making It Real with You
▪ Is it:
▪ the technical merits of a dispute / varying interpretations of clauses?
▪ lack of interest or priority on the part of the other party, not being able to get their
attention
▪ lack of time to fully evaluate the probability of success, associated value, or risks
in deciding to raise or pursue a dispute
▪ insufficient or lack of resources to properly develop your position (e.g. lack of in-
house legal or other expertise)
▪ not a level playing field (negotiating skills)
▪ What tactics do you typically use if the dispute doesn’t get resolved
▪ When a dispute didn’t go the way you wanted, yet you knew you were right,
what did you wish you had done differently to change the outcome.

5. Stay in Control: C2C ADR
Objectives;
▪ To understand your history and expectations.
▪ To have a real candid discussion about your views on the scope of Dispute
Resolution provisions in industry model agreements.
▪ To get you to better understand Appropriate Dispute Resolution tools and how they
are used in our work.
▪ To obtain your input.
Agenda;
▪ The Appropriate Dispute Resolution Continuum.
▪ The Situation Assessment Meeting.
▪ Group exploration and learning.

7. The Funnel of Disputes
Avoidance
Power imbalance
Failed negotiation
Litigation/ regulatory process
Growing costs, time, uncertainty
It’s personal
50% (authority)
25% (judge)
5% (court)
-1%
Frustration!

9. C2C ADR Situation
Assessment
Meeting
Why?
Time
Money
Cost of lost opportunities
Destruction of relationships

10. C2C ADR Situation Assessment Meeting
to assist you in identifying the best fit of available resolution choices and
planning for the changes and results, you would like to see.
A) Where are we?
Assessing the current situation is the first step.
How would you describe the problem or issues? Describe in a neutral fashion. What is
the current state of affairs?
B) What Got Us Here?
The current situation is the result of various causes, pressures, impacts and outcomes,
within all of the companies and personalities involved.
C) What are the challenges that have hindered resolution thus far?
Strategies, tactics, power, trust, values, lack of attention….

11. C2C ADR Situation Assessment Meeting
to assist you in identifying the best fit of available resolution choices and
planning for the changes and results, you would like to see.
D) What are the costs? (all the costs)
E) What neutral third party expertise or information might we access?
F) What are the options for resolving this dispute?
G) What is our Action Plan that we are accountable to each other for?
History of SAMs
Discussion

12. Problem Solving Planner

13. Problem Solving Planner;
What are the Costs?
The costs of action or inaction are direct and indirect. Direct costs include human resources
(people), financial resources (money) and time. Indirect costs also include the potential impact
on relationships (personal and corporate). Consider these potential costs, and if possible,
estimate the direct and indirect costs below:
▪ People:
▪ Money:
▪ Time:
▪ Relationships
▪ Personal:
▪ Corporate:
▪ Opportunities:
Discussion

15. Stay in Control 10 minutes/ 4s
1) Select a specific dispute
2) Work through the opportunities to resolve;
3) Report back and discussion.
4) Advice from you on this session and the draft
Appendix.
Tool Why use it? Why Not use it?
Situation Assessment
Mediation
Arbitration
Litigation

16. Specified
Disputes
Type Good Faith
Negotiation
2nd Level
Negotiation
Mediation Arbitration Other Litigation
Stay in Control Today/Tomorrow
What makes sense today and looking ahead?
- Reliance on good faith negotiation?
- Mandatory Situation Assessment Meeting?
- Optional/Agreed upon Mediation?
- Optional/Agreed upon Arbitration?
- Litigation?
- Other?

17. Stay in Control!
Communicate, Negotiate,
Collaboration & Innovate.
Further input / questions/ request
for slides;
david@davidbsavage.com
www.c2cadr.com
www.davidbsavage.com