Mediation is my second career and my newly found passion in life.  For 35 years, I sold professional services to CXO s throughout the country from coast to coast and border to border,  from Afghanistan to Zambia and all countries in between.  I am leveraging my acquired business skills and experience with my Creighton University mediation, negotiation and ADR training to approach the marketplace proactively rather than rely on mediating cases that are already in dispute.  Of course, I will bid on and seek out these opportunities;however, my approach is different in the sense that I advocate prevention or early intervention in conflict through a process driven proposition that helps companies to save money.

My ADR focus is mediating corporate disputes particularly in the IT sector( hardware, software, data center and outsourcing contracts, etc.) and their vertical markets. I am working diligently to quantify the precise cost savings scientifically with a step by step process when comparing litigation to mediation and other forms of ADR. My goal is to show exact cost savings rather than declare in general a significant cost reduction in savings or % in savings when comparing litigation to ADR.  Initially, the process will be manual with a move toward an application and online collaboration as a management tool.

Prospects for my services are interested in firm numbers to show the cost savings and the areas for cost reduction rather than rely upon general statements, especially when you are trying to win their business. A champion within the target corporation for supporting mediation must have powerful ammunition to support their case.  The caveat is that not all cases are candidates for ADR and some are better suited for litigation.  However, those cases that are better candidates for mediation vs. litigation will provide the basis for analytical comparison.  This makes my area of focus even more precise and compelling.

For example, rather than state that I can typically save the organization 25% when comparing mediation to court costs, my goal is to document a savings of $35,000 or whatever the exact amount in savings is per case based on the facts as substantiated by an analysis of the fixed, variable, ongoing, hidden, and unintended costs.  I will need the customer's help to investigate these costs;however, I should be able to cite ballpark figures over time as I build my data base for cost comparison purposes.  Cumulatively,when the yearly or monthly total costs for litigation are taken into account, the potential savings should approach a significant magnitude.  When the historical record for court cases is examined, the cost savings will speak for themselves..  When you are able to find real cost savings of magnitude, customers start to pay attention to your value proposition. 

Further, my colleague, Ed Sketch, the former Director of Labor Relations and Training at Ford Motor Company, and I are offering a "Creative consultative collaborative approach to conflict" within the corporate setting, the three "Cs" or 4 "Cs" approach.  NB: this is not the "nine, nine, nine" approach!

Our value proposition includes cost savings combined while moving from conflict to "Creative Collaboration in Business."  Once the cost savings for ADR vs. court proceedings are quantified and established, we then provide a process to head off potential disputes at the pass before they escalate into full blown conflicts. Again, our emphasis is on a proven process and approach to conflict resolution and cooperation rather than a situational one. As process driven ADR professionals, we set the stage for the established processes of mediation between disputants. We are just getting off the ground with our approach. I expect to evangelize our ideas worldwide. Hmm... ..plus ca change!!!!!

JCT