Experienced and highly accredited in Conflict Resolution, Marketing, Finance, mergers and Acquisitions, etc. the solution-focused negotiator, Antony Robb, (a non-lawyer with wide litigation experience) uses his wide experience to create a highly effective unique solution-focused dispute resolution negotiation model that every in-house company executive can use highly profitably and with a minimum of fuss and contain (often avoiding) expensive law suits that can very quickly destroy our own business when our strategy is to build it. Solution-focused negotiation is strategic. Litigation is solely tactical. Solution-focused negotiation is invaluable both within and outside organisations. The resolution process is tailored for the amount involved, the nature of the problem, and the personality of the disputants. A unique architecture is prepared for each dispute.   Solution-focused negotiation is used in all types of disputes that affect corporations and all entities, organisations, partnerships, joint ventures, and individuals. The disputes may involve Contracts, Funding Agreements, Tender, Partnership, Joint Venture, Tort, Trade Practice, Construction, Employment, Engineering, Financial Products, IT, Intellectual Property, Primary Production, Shareholder Disputes – indeed every type of dispute.   Solution-focused negotiation is usable at every stage of disputes – even those that are in court today or before an arbitrator at this very moment.   No stranger to Corporate Strategy, Marketing, Sales, Finance, Arbitration, Litigation, Mediation, Facilitation, Expert Determination the negotiator is accredited in Australia and overseas at The London Court of International Arbitration, The International Chamber of Commerce, The Arbitration Association (Brunei) to name just three.   He has resolved disputes for Corporations and Sovereign States including disputes involving highly technical issues and matters of Public Policy and Public Tender.

©Transforming Disputes into Profit Opportunities   Disputes are a normal part of business. They are mostly about money and management.     Disputes can be transformed in such a way as to add value to brand-names; and so that the parties themselves keep control of the outcomes.   EVEN DURING LITIGATION   Solution-focused negotiations are conducted either during litigation or as stand-alone processes. Litigation need not reach any given stage, first.    THE NEGOTIATION TO NEGOTIATE COMES FIRST   The first step in the process is the negotiation to negotiate. It needs to be safely initiated so as to not send inappropriate signals to “the other side”. The negotiation to negotiate is best initiated and conducted by a neutral third party who is not retained by any party, who independently approaches each side using special techniques.       DISPUTES ARE OPPORTUNITIES   There is a tendency to see disputes as “problems”. When dispute dynamics prevent management ending disputes, a third party neutral skilled in fixing problems can help the parties themselves, transform the disputes into profit opportunities, by using a solution focus not a problem focus; and by using additional diverse resources that are unavailable to the parties themselves.   SEVEN STEPS   Creating safe harbours to protect the parties’ legal rights and remedies; and to protect participants from litigation arising from the process itself. Immediately, breaking the prevailing pattern of thought and behaviour. Detail the unique negotiation process. Provide for declaratory rulings. The negotiation method comprises one-to-one negotiations between the mediator and each participant separately. It does not involve bringing the parties together. Immediately, introduce a new strategic solution focus - focusing all managements on the profit opportunities that their dispute provides them.  Information is not carried from one party to another unless pre-agreed. There is rarely any need to do this. With a solution-focus on explicit new goals; the profit opportunities mindsets act fast; fix the problems; dissolve the disputes; and the three business pillars - relationships, innovation and finance - strengthen.   The solution-focussed negotiator very quickly breaks the prevailing pattern of behaviour; using a strategic solution-focus; and helping all participants create explicit goals that they own. A new transaction emerges and is implemented successfully – being owned by all participants and not imposed upon them.

The Cost   There is no cost for scoping the dispute, for the negotiation to negotiate or for crafting the architecture.   The cost of the mediation itself is a fixed dollar sum, comprising a non-refundable retainer and a success fee. It is payable in full up-front by the parties. Unlike litigation where the costs are open-ended and uncontrollable, the solution-focused resolution costs are fixed first and known and paid by all sides before the process begins.   © Copyright Antony D. Robb Monday, 16 May 2005