Saturday, September 3rd, 2011 at
5:43 am
Article by Martin Rosenbaum, B.Com., B.C.L., LL.B
Most disputes headed to litigation, or already in litigation, could be resolved much earlier and at less cost if the negotiation and conflict management were approached in a disciplined manner. Many business negotiations could also proceed much more efficiently and effectively if the negotiations were approached in a systematic way. In both situations relationships that would otherwise be destroyed or significantly damaged could be salvaged, maintained or even improved.
As a commercial lawyer with approximately 20 years of experience, I have found that once a dispute arises, most clients and their legal advisors will take a discrete position and become intent on forcing their position onto the other side. They then seek, or threaten to seek, the assistance of the power of the State, namely, a Court or other tribunal, to make some decision supportive of their position. However, given the uncertainty and expense of litigation, often both parties are not satisfied with the results. Furthermore, an impending or threatened appeal further exacerbates the difficulties.
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Sunday, March 27th, 2011 at
8:43 am
As wonderful as it would be, it is impossible to go through life without encountering conflict of some kind or other. This may be conflict in a family or personal context or it may be a dispute or situation at the work place.
How we cope with and ultimately resolve conflict will inevitably have a bearing on the unfolding events in our lives. The fallout from times of conflict can affect our quality of concentration and ability to make good decisions and of course this can be damaging both for our careers and our personal life.
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Wednesday, October 27th, 2010 at
9:01 am
I was asked to join the leadership board of a business that is having financial problems because they felt my point of view would be valuable. A facilitator was hired to assist the board in defining values, goals, and formulating a plan to move the business forward.
The facilitator established a rule that all of us (24) had to agree unanimously before we could move forward on any plan. After five hours of negotiations, we voted. Everyone voted yes, except me. I voted no because voting yes violated my conscience, my ethics, and my vision for what I think is best, and I care very much about this business and what it is trying to do.
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Friday, March 26th, 2010 at
9:47 pm
Thursday, March 11th, 2010 at
9:48 pm
