Services
The BCM Approach to Conflict Resolution
F. Peter Phillips brings value to the dispute resolution process in the form of ADR sophistication, accountability, rigor, and creativity. This is why disputants hire him and this is his obligation to them. Parties often seek information on an arbitrator or mediator’s “philosophy” in approaching the assignment. Mr. Phillips' approach is outlined here:
Arbitration
The key is accountability. An arbitrator has been engaged by the parties and is accountable to them to conduct a process that is fair, transparent and in accordance with their expectations. Despite recent trends to the contrary, arbitration can still be fair, efficient, principled and commercially rational. Mr. Phillips will ask parties to stipulate, as much as possible, to narrow issues in dispute, to agree upon boundaries for awards if desired, to expedite information exchange, and to take all other actions necessary to streamline the process and assure satisfaction with the arbitration. To the extent that parties agree to do so, Mr. Phillips will enforce their agreement; to the extent they do not, he will make rulings aimed at providing a commercially rational process.
Mediation
The key is flexibility. Each dispute has its own personality. Therefore, categories such as “facilitative” or “evaluative” mediator techniques are too broad to be useful. The goal of any mediation is agreement. The mediator must be independent, impartial and neutral – but in addition must be tenacious, persistent, empathetic, trustworthy, imaginative, and a very quick learner. Mr. Phillips will ask the parties and their representatives to adopt these traits as well, and will use any available technique to encourage an outcome that addresses the parties’ priorities and adds value to their relationship that litigation or arbitration may not afford.
Systems Design
The key is management. It is commercially inefficient to start thinking about commercial conflict when a dispute has arisen and is delegated to the lawyers. Business is relationships and relationships are management – sometimes through legal contracts, but more often through business decisions and management protocols. Mr. Phillips works with companies and with industry sector leaders to analyze where disputes are likely to arise, how they can be identified and addressed at an early juncture, and how dispute management can be measured and improved over time. Conflict is not a business interruption – it is an attribute of any interpersonal relationship and can be handled either well or badly. Mr. Phillips helps companies to manage it well. Please note: Mr. Phillips' services as a systems consultant are offered through CPR Institute.