(Would you use a sledgehammer to crack a nut?)
Last month I looked at the case of the man who used a sledgehammer to destroy his house to “settle” his family inheritance dispute. I had some very interesting feedback (none endorsing his dispute resolution methods). This month I’m taking the metaphor a stage further by asking “What if the sledgehammer misses the house and lands on your thumb?” and “What if the sledge hammer was used against you?” While drastic legal (and in the above case non legal) process is often used by some to “manage” conflicts, my view is that a non-aggressive, collaborative approach using mediation is a less painful and much more productive alternative for all concerned. I’d go a stage further and say that this can be good for Growth – the Nirvana we’re all seeking in our near triple dip economy. So this month I’m looking at a new initiative, with which I’m involved, lead by the ICAEW (The Institute of Chartered Accountants of England & Wales) as the Business Dispute Resolution Committee (BDRC) to promote mediation as being good for business growth.
The BDRC’s aim is to promote mediation, as a way of helping businesses grow by encouraging effective business processes and systems not only to prevent and manage disputes in a better way but to help reduce business conflict and thereby free up the owners, shareholders and employees to work together for growth.
Conflict stifles creativity and growth. Entrepreneurship and business growth thrive on the energy of team work and collaboration, which underpins the Mediation approach. This fosters a willingness to understand the issues and think ‘outside of the box’ to try and find a solution.
The atmosphere and language of accusation, fear, defensiveness, mistakes, relationship breakdown, misunderstanding and conflicts (“grievance” and “complaints”) are negative and restrictive. In my view this can be replaced by training, engagement, encouragement, constructive collaboration and team work where disputes can be settled in a “business-like”, un emotive manner and training systems are set up to allow the free flow of information, communication and business motivation and creativity to continue: all positives
In our recession, focusing on business growth, and maintaining commercial viability means spending the minimum time away from the business. Mediation allows a business to avoid the major psychological and emotional impact that a confrontational, costly legal process can create. By maintaining their entrepreneurial energy, business owners can focus on business growth.
So in conclusion the only thing I’d like to “hammer home” here is the message that it’s time to change the way more businesses engage within and outside their organisations, in the way they approach the resolution of their disputes, and better still, in the way they plan to prevent or minimise disputes before they get out of hand. As Churchill said ”Jaw Jaw is better than War War”
Enjoy the sunshine!
Best Wishes
Roger
