The Basics of Mediation: Fighting Fires without Burning Bridges

Guest Post from mediation expert Jane Gunn FPSA, as part of the 10-year celebration of the book ...and Death Came Third

Ten years ago, in 2006, Peter Roper and Andy Lopata published the first edition of '...and Death Came Third! The Definitive Guide to Networking and Speaking in Public'. The book was a big success with over 2,000 copies sold in the first 48 hours alone. My company Panoma Press published the second edition in 2011 and negotiated a separate edition published in Malaysia and Singapore. 

Andy, Peter and I have consistently been amazed by the affection held for '...and Death Came Third!' by many readers, reflected by the emails and comments we have received from people from a range of backgrounds. The book focuses on the basics of networking and presentation skills, giving readers simple approaches to working the room at networking events or giving their first talk. 

To celebrate this, we have got together with our network to provide a series of short 'Basics' blogs. Over the month of September Andy, Peter and I will share a guest blog every day exploring the basics of business, from the basics of confidence and attitude to negotiation and strategy. 

Today’s article is from mediation expert Jane Gunn, who is also a Fellow of the Professional Speaking Association UK and Ireland, along with Andy, Peter and myself. Jane is a published author and a sought-after speaker in the area of mediation, helping people resolve interpersonal issues in business and in their personal lives.

Scenario 1

Four business partners Jim, Louise, Clive and David sit outside court and wait for the Judge to arrive, they have reached the end of the road. They will ask the court to dissolve the partnership and determine the amount each partner will receive, the business will be wound up and they will go their separate ways. Each partner has his own legal team to represent him, two partners are no longer speaking and one is receiving medical treatment and counselling for stress and depression as a result of the business break up. Each will fight the other to gain the settlement they feel is right under the terms of the partnership agreement.

Scenario 2

Four business partners Jim, Louise, Clive and David smile and shake hands.

After 10 hours in mediation a totally different picture has emerged from this dispute.

During the mediation the Mediator has discovered:

·     David, one of the partners has run up huge expense accounts, offended clients, been sharp and abusive in meetings and has been siphoning money from one of the business accounts causing the business to spiral downward.

·     Jim has refused to acknowledge the impact of David’s behaviour, they are old school chums and go back a long way.

·     David’s daughter has been receiving treatment for drug and alcohol abuse and he has been spending time and money trying to help her

·     Jim wants to retire but Clive and Louise want to try and rescue the business

·     David wants to work for the charity that helped his daughter

The mediator has helped the partners to explore the breakdown of their business relationship, helped them to understand what each wants as an outcome now and helped them formulate an agreement to reach that outcome that all have now signed.

Clive and Louise have agreed to continue the business with a new vision and purpose and with the specific aim of supporting a local charity that provides rehabilitation for troubled teenagers. David will work for the charity and receive an agreed payment for his share in the business. Jim will retire but continue to support Clive and Louise as a consultant.

Mediation offers businesses whether large or small the opportunity to save TIME, MONEY and HEARTACHE by overcoming adversity and blame and resolving conflicts in a civilized and co-operative way.

Mediation is truly a skill for the 21st Century.

To celebrate 10 years of '...and Death Came Third! The Definitive Guide to Networking and Speaking in Public', we have reduced the price of the Kindle edition to ￡1.99 or $2.99 for the entire month of September! Get your copy now!

And check out Jane's excellent book How to Beat Bedlam in the Boardroom and Boredom in the Bedroom