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What's Your Problem?

“Running away from a problem just increases the distance from its solution. The easiest way to escape a Problem is to Solve it"

Ask the right questions; identify the real problem; choose the right process; get a great solution.  

(Hint:  SODR is our process of choice for resolving almost every type of problem or dispute - it uses the best aspects of all modern dispute resolution processes in a single, flexible, hybrid process).

Disputes & Process Choices 

 

SODR can move from facilitation to decision-making so it can address human and commercial issues with real authority. 

​Other decisional processes will achieve final and binding outcomes efficiently, but tend to focus on the material aspects of the dispute, and are much less cathartic for ongoing commercial relations. 

Recommended Processes: 

Resolved - by Agreement

(+ Determination, if required):

(Quick, low formality, low cost)

Or:    Resolved by Decision

(Escalating time, formality & cost)

Or

 

SODR can move from facilitation to decision-making so it can address human and commercial issues with real authority. 

​Other decisional processes will achieve final and binding outcomes efficiently, but tend to focus on the material aspects of the dispute, and are much less cathartic for ongoing commercial relations. 

Recommended Processes: 

Resolved - by Agreement

(+ Determination, if required):

(Quick, low formality, low cost)

Or:    Resolved by Decision

(Escalating time, formality & cost)

Or

 

Recommended Processes: 

The process needs to be very private and feel fair to everyone from the outset; it needs to be very flexible, because business families usually have lots of skeletons in their closets; it needs to be time efficient and cost effective, because no family business has spare time on its hands, and they never want to splash money around if they can avoid it. 

Decisions may be needed, but should be used as a last resort to remove road blocks - it’s hard enough to get families to abide by legally binding decisions, previously accepted, at the best of times;  it’s far better to build and enforce consensus from within the family. 

Resolved - by Agreement

(+ Determination, if required):

(Quick, low formality, low cost)

Or

Or:    Resolved by Decision

(More time, formality & cost)

All processes are highly inclusive.  They can help to repair, strengthen and re-focus relationships, as they work through issues.  A lot of education and skills transfer usually takes place.  SODR will provide final outcomes; Facilitation and Mediation?  Not so much.   

SODR can move from facilitation to decisions, so it can address all family relationship, emotional/behavioural, commercial and financial issues, with real authority - provided the dispute resolver has lots of family business advisory experience.   

 

Other decisional processes are not recommended for family business environments, for the same reason litigation is anathema in a family context.  They may achieve final and binding outcomes, but they’ll probably blow the family to pieces in the process of saving the business, and its owner’s wealth.

 

Recommended Processes: 

The process needs to be fair, balanced, quick & (relatively) inexpensive.  Depending on the personalities and issues involved, you may either want to reach your own conclusions, or have somebody independent decide for you:  (a) if you just can’t reach your own agreement or (b) if the other s.o.b is never going to agree to anything! 

 

The process is inclusive, and can help to repair relationships, while it works to resolve disputed items.   It will produce a final outcome. 

Resolved - by Agreement

(+ Determination, if required):

(Quick, low formality, low cost)

Decisions are most appropriate for material stuff like property settlements, but they’re also useful for parties who get “all talked out” and just want an independent person they trust to make a decision to resolve specific issues they’re stuck on.  Unfortunately, decisional processes tend to bypass and worsen the emotional damage through a one-eyed focus on the material aspects of the dispute. 

 

Recommended Processes: 

The process needs to feel fair to everyone from the outset; it needs to be time and cost effective - to avoid wasting money in fight costs; and it must be final - you only want to go through this once! 

Depending on the personalities involved, try to reach your own agreement first (it could be something other than what the will originally suggested).  If not, you may need a respected neutral to make decisions for you, because you’re never going to reach agreement by yourselves

 

The process is highly inclusive, so it can help to repair and strengthen family relationships, as it resolves the issues in dispute.  SODR will provide a final outcome.   

Resolved - by Agreement

(+ Determination, if required):

(Quick, low formality, low cost)

SODR can move from being facilitative to decisional, so it can address both family relationship issues and material issues, with authority, when the dispute resolver has experience dealing with both family and legal problems.  

Other decisional processes may achieve final and binding outcomes efficiently, but they tend to focus on the financial aspects of the dispute, and are therefore much less cathartic for the family.   

 

Recommended Processes: 

This process is personal and preparatory, so it needs to be fair, objective, quick & inexpensive.  You don’t need a final solution, or closure, because you’re just getting started.

Resolved by Agreement:   (1) Facilitation. This process is personal to you.  You’re the only one who can decide if you’ve got what you need from it.

Resolved by Decision:       Not applicable.  This process is all about you … at this stage.

Resolved by Agreement

(Quick, low formality, low cost)

Or

 

The process is highly inclusive, so it can help to repair, strengthen and re-focus damaged workplace relationships, as it works through issues in dispute.    SODR will provide a final outcome.  Facilitation and Mediation?  Not so much.​

Recommended Processes: 

Resolved - by Agreement

(+ Determination, if required):

(Quick, low formality, low cost)

Or

Or:    Resolved by Decision

(Escalating time, formality & cost)

Or

SODR can move from being facilitative to decisional, so it can address both human and workplace issues with authority. 

​Other decisional processes will achieve final and binding outcomes efficiently, but tend to focus on rules and policies, rather than human relations.  They are therefore much less cathartic for ongoing relationship dynamics.

Our Address

L 5 / 485 La Trobe St

Melbourne,

Victoria,

Australia. 3000

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