Hey, they owe me!

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When debts seem to become overwhelming many people and business flounder to find solutions. The most common ways to solve debt issues are bankruptcy, legal methods or collection agencies. What most people fail to explore is using mediation as a way to find mutually beneficial and mutually agreed upon ways to solve debt issues.

What does mediation do to help debit issues? It is amazing to learn that failure to pay is often related to reasons that can be overcome and that other options exist that can provide a way for both parties to work out a solution. For borrowers, the barriers can be very emotional, the process of facing debt is humbling and can be humiliating. The borrower may have many reasons for not paying, they may think the work or product delivered was not as agreed, they had poor customer service, they could have financial problems that don’t allow an immediate or full payment or there may be health issues. Most often, sending more collection threats only increases the barriers to a solution. Most people want to keep their promises and pay what they rightfully owe. And, it is always in everyone’s best interest to try to find a way to work things out.

Nevada as well as the rest of the country can benefit by finding ways to communicate in a positive way. I am confident that things our economy will improve, it just makes sense for everyone to explore options that allow both parties to win.

Can’t we just talk?

When people disagree they sometimes feel the only way to resolve a problem is to contact an attorney and file a lawsuit and in many cases that would be the best thing to do.  But in other cases there might be another solution for business or individuals and that is mediation.

Our emotions can sometimes compromise our ability to get what we really want from the other person or party.  We KNOW we are in the right and everyone will believe us when they hear what happened!   But sad to say that doesn’t always happen.  Our understanding of a broken or unfulfilled contract may not be the same as what the contract language actually says, a verbal agreement may have different understanding by the two parties, failure to repay a debt may be due to many reasons.  Oh, and by the way, when you are involved in a court case it can become public record.

Mediation is simply negotiations, which are an attempt to keep a matter out of court. The entire process from start to finish is confidential. Mediation is governed by a mediator, who is present as a neutral third party. You have a chance to say what happened and what you think is a fair way to settle the issue and negotiate in good faith.  The outcome, if an agreement is reached, is decided by you and the other party.  Can you include your attorney, sure you can.  Is the process less expensive, in most cases, yes.  How often is there an agreement, statistically over 85% of the time.

So, can’t we just talk?

Elder Mediation: Helping Adult Families Resolve Conflicts – Foxborough, MA Patch

Elder Mediation: Helping Adult Families Resolve Conflicts – Foxborough, MA Patch.

Did I just say that?

I don’t know how it happens but sometimes words just come out of my mouth from nowhere!  I think we all have an impulse somewhere inside that produces a knee jerk reaction when someone says something we don’t like or don’t want to hear.  Ever been there?

Conflict is part of our everyday life and unfortunately it sometimes gets out of hand.  Conflict resolution is another one of the skills not usually taught to us as a society in either our personal or business life.  How many times have you heard about a couple who split up over something that was said or happened years ago?  Unresolved conflicts can fester and spill over years unless identified and addressed.

Why is it just so much easier to pretend it didn’t happen or that you just “want to forget about it” but does that really ever happen?  So it sits there like the elephant in the room that no one wants to admit is there.  It happens to everyone so don’t be embarrassed about it!  The question becomes what to do about it.  I think everyone has different ways that is most comfortable for them to look at disagreements, they may want to go to private counseling, some just let it go, others may find the relationship so damaged they use legal remedies or litigation.  Others find mediation a beneficial method.

Is there another way?  Words or actions can’t be “taken back” but acknowledgment of the incident (everyone makes mistakes) and a sincere apology make a good beginning for resolution.

Conflict and Words

Words have power! Harsh words like stupid, dumb, fat, and skinny can take away power. You’ve probably heard words like these at some time in your life, you may have even been the one who said them. As a society we don’t really learn about the power of words in a formal sense, it is usually something learned (notice I said learned not taught) in childhood. Parents and teachers cautioned us with “Don’t say that” or “Say you’re sorry!” (our first experience in mediation) but as kids, those apologies were often accompanied with a grimace or hand gesture that said we really didn’t mean we were sorry.

As teenagers, then adults the power of words becomes more important as we learn about relationships. Words can give power like “I really like you” or “you look nice today” or whatever the popular words are. We learn to use the power of words to establish and further our relationships with friends or the opposite sex and in our business life. We also learn the power of words doesn’t always work when something doesn’t’ go well in the relationship, “I’m sorry” alone doesn’t always make up for a perceived hurt or a mistake we make.

In the workplace where we have a wide range of coworkers and customers to deal we find a mine field of personalities, cultures and people with their own set of baggage that can trip us up with the wrongly uttered word, gesture or behavior. In our daily lives in Las Vegas we also find a wide range of cultures so be aware of what message you give others.

So what can we do with a skill set that was never taught? How do we use the power of words when disagreements or conflicts occur? When possible, take a minute and step back to look at the other person involved in the dispute. What do you know about them, what things do you have in common, are you really interested in finding a solution to your disagreement? If you are, you may need to look at the words you use when you talk to them.

In the book “Nonviolent Communication, A Language of Life” author Marshall B. Rosenberg, Ph.D. suggests we observe a situation without evaluating and try to identify the issue without the emotion. He recommends using clear, non-judgmental statements to communicate. For example, instead of making a judgment statement “You seldom do what I want”, you could make a statement of observation “The last three times I initiated an activity, you said you didn’t want to do it”. Or “Hank is a poor soccer player” could be changed to “Hank hasn’t scored a goal in twenty games”. The perception that you are judging someone can set up barriers that are hard to overcome but making a statement of observation can set up an opportunity for discussion.

In the book “Getting to Yes” by Roger Fisher and William Ury, the authors suggest you separate the people from the problem. Focus on what your ultimate goal is and prepare your best options for a solution to present to the other party.

At the end of the day, when you walk away from someone, have you worked toward a resolution to your conflict, or made it worse? Conflict resolution is not always easy but whether it is business or personal, you can choose to work toward a solution or not. If you are unable to resolve your conflict the options are ignore it, litigate it or use mediation.

Hopefully, as you begin to pay attention to the power of the words you use, you will be able to communicate without conflict.

Why would you want to mediate?

We can’t escape conflict, it is part of our everyday life.  The key is how to resolve conflict when it becomes detrimental to either a business or a relationship. The American Arbitration Association reports that over 85% of all mediations result in a settlement.  Benefits of the process are:  confidentiality, speed, low cost, fair, and flexible.

The goal of Las Vegas mediation is for the parties to work out a solution they can all live with and to solve a problem. It offers a realistic look at the issues and assists the parties in developing options for settlement.  Mediation Works!

What is Mediation?

Mediation is a process by which an independent mediator assists people or businesses to work together in a dispute to reach a mutually satisfactory resolution.

The process begins with a joint meeting of both parties to present their position.  Parties may want to include their attorney or other representatives.  The mediator then talks to each party privately in a confidential caucus where they discuss their case and options for settlement.  The parties then all reconvene to discuss options.

The process is designed to allow direct communication between the parties to allow them to decide the best option for both.  Mediation is successful because both parties are the ones who make the decision on the outcome. Mediation works!

Memorial Day

We often take the liberties we enjoy for granted and instead complain about what we don’t have. I hope we can all stop for a minute to honor those who have paid the ultimate price for our freedom and for those who have served our country now and in the past. The hardships our soldiers face daily is beyond our comprehension. They serve so we do not have to live in fear.

Health Coverage for Young Adults to age 26

The DOL and EBSA have released new regulations and a fact sheet outlining coverage for dependents to the age of 26. It provides clarification about who is eligible, upcoming open enrollment for dependents not currently covered and income tax implications for the premiums. Please let me know if you would like a copy of the fact sheet.

Healthcare Reform

Everyone is concerned about what impact this will have on you as well as your business. The legislation was 2000 pages and does not contain the final regulations on how these changes will be implemented, what we do know is they will be implementing certain parts of the law each year with the most far-reaching changes in 2014. Brown & Brown has been working to stay informed on these changes for some time and through national conference calls has kept our local team well informed. We have also generated a summary of the major areas of reform as well as information on tax credit that will impact some small businesses with fewer than 25 employees.

At least two carriers have taken the imitative to begin the extension of benefits for dependents who are currently covered under their plans to age 26 with implementation dates in the next months. There is still no direction on what will be mandated by National Reform regarding this change but we are hoping for a release of regulations regarding this and other changes sometime this summer.

If you have any questions or would like a copy of either of those documents, please let me know.

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