Corporate Cranium Mentor Articles
One of the challenges of mediation is the uncertainty that comes with having to deal with any unpleasant confrontation. Parties and sometimes their lawyers get caught up in the emotions inherent in litigation conflict and frequently leave mediation, with or without a deal, feeling unsatisfied. So, what make for a “successful” mediation regardless of the outcome?
Did you get a fresh perspective on how others would view your case?
In litigation, like most of life, we have a keen sense of what we believe is the truth of what happened that got us there. We believe our own stories and our perspective is colored by our own experiences, biases and desires. This can be as true for lawyers as it is for clients. But is the view we have the view someone else, totally disconnected from the situation, like a judge or jury, would have? At some point a neutral (more or less) party will decide your case and they will bring their own perspective to the facts as the parties are able to present them.
One of the most valuable roles a mediator can play is to give you their reaction, unvarnished and disinterested in how your version of the facts may be received. Even if you don’t think their perspective is correct, if nothing else, it will tell you what you need to work on. It is that second set of eyes that can be invaluable in accurately assessing how that neutral decision-maker may react to your side of the story.
Did you gain a better understanding of how the other side sees the world?
The converse of that point is to be able to see how your opponent sees things. Again, you may not agree, but rather than reject out of hand their version of the events, listen carefully. See what the key points are that support their perspective. Understand how those points may play out at trial or what you need to do to weaken the strength of those points. Mediation, even if it doesn’t result in a settlement, is an important part of the discovery process that allows you to understand what your opponents are relying upon to make their case and what you need to do to challenge those facts.
Did you get a clearer understanding of your best/worst case scenarios?
There is no lawyer or mediator who can confidently predict the outcome of any case that is going to get decided by a judge or jury somewhere down the road. I once heard a very good trial lawyer say that every case is 50/50 and I agree with that sentiment. What you should be able to predict however is how bad or how good the case can get for you. You always need to know your bottom line and a mediator can play an important role in ensuring that you understand that. It’s fair to expect that when you are at a point of having to make a decision on whether or not to settle, that you know with confidence the risk you are avoiding by making a deal and ending the case.
Did you get to a point where you feel more confident you know the other side’s bottom line?
There is no way to know for sure what the other party’s bottom line is, but the painful nature of negotiating during what can seem to be an interminable day of mediation is one factor that helps give you some confidence that the numbers you are hearing from the other side are in fact “real” numbers that they will settle for. Not many people can go through mediation and not get serious about getting things done. If your day has been short and stress-free, then maybe you haven’t really gotten there. But if you’ve spent the day and you feel like a used dish-rag digging the last dollar out of your pocket, you can have some confidence that the other party feels the same way.
If you or your client need mediation services from someone who understands both sides of the process, please feel from to contact me at rhalagan@gmail.com for professional mediation services.
Read MoreDoes Your Business Need a Mediator?
One of the most difficult challenges a business owner can face is divorce; not from his or her spouse but from a business partner. Sometimes that business partnership that looked so promising when you started out turns sour and you find yourself simply unable to continue to work with the person who is a part-owner…
Read This ArticleHow Can You Safeguard Your Workplace Against Violence?
(CNN) “DeWayne Craddock, a 15-year public works employee, stopped in the men’s bathroom to brush his teeth near the end of his shift, like he did every day. But by late afternoon, instead of going home, he plotted to carry out a massacre at the Virginia Beach Municipal Center. The gunman, who had submitted his…
Read This ArticleWhen is the Correct Time to Refinance Your Home?
At First Minnesota Bank I get the opportunity to offer all types of loans. One of the loan types I want to discuss is the residential home mortgage refinance. The big question is–when is the correct time to refinance your home? The answer depends on what you want to accomplish or what financial goals do…
Read This ArticleThree Reasons Website Maintenance is Critical
If you are a valued client of Red Technologies, or just a fan of our blog (and who isn’t?!), you’ve heard us regularly recommend updating your website. But what does this really mean? And why, after spending so much effort creating a cool website, would you need to turn around and update it every month?…
Read This ArticleSupervisor Success
66%* of manufacturing companies are highly concerned about one of these worker issues: Attracting qualified workers Retaining qualified workers Developing future leaders Over the 20 years I have worked in manufacturing companies, I have seen the benefits of retaining qualified workers. They already know the company and the products. They are loyal and want themselves…
Read This ArticleTop Reasons Why You should Avoid Naming Your Children as a Trustee in Your Estate Plan
One of the most pivotal questions in designing your revocable trust, used as part of your estate plan, is who will serve as the trustee upon your death. Clients tend to choose their children for a variety of reasons: children serve as trustee without charging a fee out of obligation, they do not want their…
Read This ArticleHow Do You Know if Mediation “Worked?”
One of the challenges of mediation is the uncertainty that comes with having to deal with any unpleasant confrontation. Parties and sometimes their lawyers get caught up in the emotions inherent in litigation conflict and frequently leave mediation, with or without a deal, feeling unsatisfied. So, what make for a “successful” mediation regardless of the…
Read This ArticlePro Tips on Managing Your Social Media Content
You know social media is an important component to your business, but creating and posting fresh material on a regular business seems overwhelming. If you often find yourself struggling to find a new way to discuss the same old thing, you’re not alone. Here are a few tips from our experts to help you increase…
Read This ArticleFive Reasons to Establish a Revocable Trust
Plan for Disability. Unlike a Will, a Revocable Trust allows you to plan for incapacity. This can be especially useful for small business owners. A trust is an effective way to ensure that the grantor’s assets will be used for his or her benefit in the event he or she becomes incapable of managing his…
Read This ArticleChoosing a Retirement Plan that Fits Your Business
One survey found that 79% of small business owners expect at least some of their retirement income to come from tax-advantaged retirement savings accounts.¹ If you have yet to develop a retirement plan for your business, or if you’re not sure the plan you’ve chosen is the right one, here are some things to consider.…
Read This ArticleDoes Your Business Need a Mediator?
One of the most difficult challenges a business owner can face is divorce; not from his or her spouse but from a business partner. Sometimes that business partnership that looked so promising when you started out turns sour and you find yourself simply unable to continue to work with the person who is a part-owner…
Read This ArticleHow Do You Know if Mediation “Worked?”
One of the challenges of mediation is the uncertainty that comes with having to deal with any unpleasant confrontation. Parties and sometimes their lawyers get caught up in the emotions inherent in litigation conflict and frequently leave mediation, with or without a deal, feeling unsatisfied. So, what make for a “successful” mediation regardless of the…
Read This ArticleHow to be Ready for Mediation
Non-lawyers are often not certain what to expect when going into a mediation process. If they are new to mediation, they often worry most about “telling their story” as opposed to making a deal that works for them. Mediation is typically triggered when a lawsuit has been started or is being threatened and so the…
Read This ArticleLead Meetings People WANT to Attend
Is this possible? Can there be meetings people actually WANT to attend? Yes, there can! I have led many of them. There are simple but powerful factors that make meetings effective. In this article, I would like to focus on just one: The Meeting Outline. The Meeting Outline is a simple but critical component to…
Read This ArticleImportant WordPress Website Functionality Updates are Coming in 2019
If your business has a WordPress website, you may have heard rumblings of some upcoming enhancements on the horizon. And if you haven’t heard anything yet, all the more reason to read on! Here at Red Technologies, we appreciate the opportunity to serve businesses and innovate online. We are grateful for our clients’ trust, and…
Read This ArticleHiring Mistakes and What to Do About Them
Any leader that has hired more than ten people has made at least one hiring mistake. The problem is compounded in a small business because of the impact each employee has on your success. One of the most common concerns I hear from leaders is that the person they hired is technically sound but they…
Read This ArticleMake Estate Settlement Easier for Loved Ones
There are essentially two avenues the estate settlement process can take: through the probate process (if the decedent had a will, or no will, and the decedent’s probate assets totaled $75,000 or more) or through private trust administration (if the decedent had a revocable living trust). LOCATE THE DOCUMENTS If the decedent left a will,…
Read This ArticleWhat is Your Business Worth?
A common question for business owners when they start to ponder their exit strategy is how to figure out what their business is worth. Valuation experts like the Corporate Cranium’s Roben Hunter can give you an expert assessment based upon professionally accepted valuation methodologies. Roben will assess value based upon multiple factors including past performance,…
Read This ArticleHow to Navigate Workplace Relationships in the #MeToo Era: Practical Advice for Business Owners/Leaders
Not since the days of the Clarence Thomas/Anita Hill hearings has there been so much talk about sexual assault and sexual harassment. Just about everyone has an opinion about the Christine Blasey Ford/Brent Kavanaugh hearings and Justice Kavanaugh’s recent confirmation into the Supreme Court. To complicate matters further, divisiveness in our Country is worse than…
Read This ArticleVideo is the Future
How many videos have you watched online today? 2? 20?! Chances are your day is packed with video viewership; from online ads to educational content, clips from family and friends to your favorite forms of entertainment. Need to fix a faucet? Want to try a new makeup application? Looking for some cute puppies to boost…
Read This Article