Mediate with LH, LLC         Hawaii Kai Towne Center, Honolulu, HI  808-393-0687

Arrange your business to business, business to client, and interpersonal relationship to avoid litigation

"No human endeavor is free from disagreement" - CRD Proclamation, Oct. 16, 2008 - Governor of Hawaii Linda Lingle.

Process steps in conflict avoidance, prevention, and resolution:

Prior agreement including the steps to avoid, prevent, and resolve conflict.  Where there is a contract formalize the process.

Monitor for and take steps to avoid and prevent conflict. For example in a project examine if there are indications a conflict is brewing between people, look for issues, search for other indicators like schedule problems, invoices in arrears, etc.

Should conflict arise conduct direct negotiations in a timely and constructive manner.

If direct negotiations are failing ask for third party mediation.

Only when the above fails resort to arbitration or litigation where the court can still order mediation.

Mediation is:

Communications process

Focused on furthering negotiations to reach mutual agreement

Using a third party intercessor called a mediator

Examples of scope of issues covered:

Money - price, damages

Broken promises - contract, child custody

Court ordered - focused on the issues in litigation

Example of a mediation process:

Mutual agreement by disputing parties to mediate and mediator to be used

Preparation for mediation with each side

Mediation session(s)

Joint with all parties present

Separately, with mediator shuttling between each party

Agreeing on a common problem statement

         > Party A's problem is ... to resolve needs ...

         > Party B's problem is ... to resolve needs ...   etc.

Getting to within negotiating range or identifying alternatives

Find common ground

Close gaps or select alternatives to consider

Unable to work out differences identify BATNA

Resolve and write agreement 

Benefits

Mutual agreement required during all stages - exception: stop!

Confidentiality

Comparitavely small cost for preparation followed by fee for services proposal with most costs split between the parties

Mediation costs split between parties

 Mediation is a continuation of negotiations. Utilizing a third party intercessor, a mediator, who is a problem solver, disputants can find common ground towards reaching agreement.

Mediation is non adversarial. Disputants talk to each other through the mediator allowing the focus to be the issues rather than each other. Through the mediator disputants also become problem solvers.

My practice focuses on disputes as problems which need to be solved. My process is non judgmental. I deal with each disputants perspective as their reality. Judgments are left to disputants. I work on the basis disputants know their problems much better than I do. However, it is my job to weed out issues, work with disputants to identify common ground, keep disputants focused, and work towards an agreement which satisfies disputants needs. On the other hand if disputants haven’t quite figured out how to resolve their issues then it’s time to become creative, identify additional steps to take, always leaving disputants an option to work on their best alternatives to a negotiated agreement.  

While recognizing disputants cost consciousness my fees are taken to support my ability to deliver value added services to clients.

If you are facing a conflict or entering into a relationship in which conflict is possible call me for a free initial consultation.