Comments on: You Gotta Wonder, Sometimes…. http://businessconflictmanagement.com/blog/2010/01/you-gotta-wonder-sometimes/ Conflict Management Expertise from F. Peter Phillips Mon, 21 May 2012 21:40:13 +0000 http://wordpress.org/?v=2.7.1 hourly 1 By: Michael McIlwrath http://businessconflictmanagement.com/blog/2010/01/you-gotta-wonder-sometimes/comment-page-1/#comment-1126 Michael McIlwrath Wed, 27 Jan 2010 16:28:51 +0000 http://businessconflictmanagement.com/blog/?p=427#comment-1126 Peter, as usual, a very perceptive post - many thanks. If you will permit me one comment on the spectrum you present and the comment that sensible enterprises want to be as far left for as long as possible. Not sure I agree. Being too easy or quick to settle can, in some cases, have equivalent or higher long-term costs to the alternative of litigating. So where we want to be is at the optimal location on the spectrum, which will depend on the type of business and the circumstances of any given case or type of cases. But you are absolutely right in that we would not have any clue as to where optimal might be located unless (1) we do hard work at the beginning of a dispute (as soon as or even before it truly arises) to understand the risks and costs of the conflict, and (2) we remain open to the broadest possible range of available means of resolving the conflict (whether negotiation, mediation, or some form of binding dispute resolution). Mike Peter, as usual, a very perceptive post - many thanks. If you will permit me one comment on the spectrum you present and the comment that sensible enterprises want to be as far left for as long as possible. Not sure I agree. Being too easy or quick to settle can, in some cases, have equivalent or higher long-term costs to the alternative of litigating. So where we want to be is at the optimal location on the spectrum, which will depend on the type of business and the circumstances of any given case or type of cases. But you are absolutely right in that we would not have any clue as to where optimal might be located unless (1) we do hard work at the beginning of a dispute (as soon as or even before it truly arises) to understand the risks and costs of the conflict, and (2) we remain open to the broadest possible range of available means of resolving the conflict (whether negotiation, mediation, or some form of binding dispute resolution).
Mike

]]> By: John Zinsser http://businessconflictmanagement.com/blog/2010/01/you-gotta-wonder-sometimes/comment-page-1/#comment-1059 John Zinsser Wed, 13 Jan 2010 21:33:06 +0000 http://businessconflictmanagement.com/blog/?p=427#comment-1059 Peter is again pointing out the truth. It is in fact almost laughable that it is such a challenge to get commercial entities - be they large corporations, law firms, educational institutions or hospitals to look at conflict management as a wise investment. Numbers like Georgia Pacific's are indeed helpful. We have CONSERVATIVE evaluation data of several ombuds programs in corporations saving in excess of $20 million dollars PER ANNUM. Think of that . Two thirds of what Georgia Pacific saved in a DECADE saved in one year. But numbers like this seem to not be enough to "shake" leaders and lawyers from the fight first mentality, whether the issues is employment, torts, or other venues. So I am left with the very simple question for all who read Peter's blog: How do we motivate leaders of all kinds to MOVE LEFT on the continuum above? and manifest meaningful conflict management / dispute resolution in the form of actual offices and people not just policies and positions? John Peter is again pointing out the truth. It is in fact almost laughable that it is such a challenge to get commercial entities - be they large corporations, law firms, educational institutions or hospitals to look at conflict management as a wise investment. Numbers like Georgia Pacific’s are indeed helpful. We have CONSERVATIVE evaluation data of several ombuds programs in corporations saving in excess of $20 million dollars PER ANNUM. Think of that . Two thirds of what Georgia Pacific saved in a DECADE saved in one year.

But numbers like this seem to not be enough to “shake” leaders and lawyers from the fight first mentality, whether the issues is employment, torts, or other venues.

So I am left with the very simple question for all who read Peter’s blog:

How do we motivate leaders of all kinds to MOVE LEFT on the continuum above? and manifest meaningful conflict management / dispute resolution in the form of actual offices and people not just policies and positions?

John

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