Millions of people co-own closely held companies, family businesses, and business partnerships, but establishing them and keeping them together is never easy. Here, finally, is the guide they have been waiting for.... Read More
Mediation: How It Works
Click for a comprehensive list of articles, discussions, and interviews by BMC Associates regarding Mediation: How It Works or scroll through the list to find an article of interest.
This article describes why BMC Associates was founded and how business mediation works. A former client of BMC is interviewed regarding the team's use of co-mediators: "They saw issues from different perspectives, so they could bring more of a fine-tuned approach to the problem we were dealing with." One associate says, "Our goal is to provide a unique blend of psychological techniques and business acumen."
The Los Angeles Times Jane Applegate June 24, 1998
This article tells the story of a father who started a business with his two sons: "But seven years later, the family business was faltering. The father and sons were so angry with each other, they were about to hire their own lawyers to untangle the financial and emotional mess." With assistance from two BMC mediators, the father and sons were able to amicably figure out a graceful exit for one of the sons. The company's lawyer states, "Through mediation they had a chance to say what was making them unhappy. If it hadn't been worked out, they would have lost $1 million or $2 million and gone out of business."
National Institute for Dispute Resolution Forum David Gage and Melinda Ostermeyer June 1997
What professional background should a mediator have? Melinda Ostermeyer and David Gage make the case that the wide range of types of disputes that erupt in the business world make an interdisciplinary approach to mediation the most constructive. To resolve disputes most quickly and effectively, a mediation team should have professionals with backgrounds in law, psychology, finance, and business. The particular needs and circumstances of the client dictate which two mediators are best suited to quickly comprehend the client's situation, help them with creative problem solving, and facilitate a consensual resolution of their problem.
Washington Business Journal David Gage June 17-23, 1994
Wealthy partners have more to lose when they fight! The Haft family partners' interpersonal and business conflict erupted into multiple lawsuits that cost them around $40 million. More than that, however, businesses were destroyed and privacy vanished as their sparring became front-page news. Most tragically, relationships among parents, children, and grandchildren suffered dearly. This article helps to clarify some of the many differences between mediation—a truly collaborative process—and litigation and arbitration, both of which are strongly adversarial.
Management Productivity Review David Gage April 1990
Because most family business disputes involve personal or business issues rather than legal ones, the most appropriate avenue for such businesses to resolve disputes is through mediation. In this brief introduction to mediation, David Gage takes a look at this "fastest, cheapest, most flexible, least threatening" method of dispute resolution.