A recent opinion editorial from Russian President Putin really irked some Americans, including many in Congress-- Sen. Robert Menendez almost wanted to vomit. This coming from the chairman of the Foreign Relations Committee. I think the last time vomit was included on a foreign relations piece involved President Bush and Japanese Prime Minister Miyazawa in 1992, a full twenty-three years ago. Why has it been so long since vomit received this much attention? Simple, because it does not belong in any foreign relations “sphere of influence”. Sen. Menendez displayed exactly what President Putin highlights: American arrogance. Putin's piece was well argued, except for the last paragraph, which was a personal aside. Sen. Menendez et al should have ignored it.There are many interpretations of the situation and events surrounding the Syrian civil war. Was Obama out maneuvered by Putin? Did the rebels trick the world into almost launching a damaging strike to the Assad regime? Did President Obama suffer a major foreign affairs, and therefore political, defeat? Is President Putin being forced to make diplomatic gestures that require him to do something he is uncomfortable doing: communicating?Perhaps all of these are correct and only time will tell. However, there is one thing that should be highlighted as it can signify a shift if American foreign affairs, which may ostensibly be seen as a weakness, but ultimately may prove to be a rather powerful stick…or carrot. Humility.Obama’s “red line” for chemical use was crossed on Aug 21st, 2013 in Syria. To some this was a hard line, maybe even to the president himself. Yet, was that red line akin to Kaddafi’s Line of Death, which signified absolutely nothing? Or was the president actually prepared to launch strikes on a sovereign nation? Right now, to me, it does not matter which is true, or false, or both. What the president showed last week was patience and humility, something great leaders show. Now, before we declare Obama a great leader, we must espouse the same attributes. Time will tell, and perhaps some may have to eat their words, including me.But, let’s look at the current situation. There has been no strike on Syria (yet), no more chemical attacks, and Russia is actually negotiating with the U.S. on a third party concern. Syria can easily become the flash point for a larger war…I see it as Iran-supplied oil countries v. Saudi Arabia-supplied oil countries. A unilateral strike on Syria would see that flashpoint grow more volatile.At first, I wondered the strategic and logical benefits of President Obama waiting until Tuesday September 10th to announce his plan of action. The best way to ensure a battle plan fails is to announce it and delay action. IF he were to hit Syria, Sept 10 was too late to be at all effective. Of course, it does take time to set any battle plan in motion, especially impulsively. Designating targets, while forecasting minimal collateral damage, is not something to rush. This left a natural window for other options to come into the periphery.Enter Russia, chatting about a plan brought up months prior, but not addressed. Why was this overture not mentioned before? Did Obama forget about it, or not care? Or did Obama allow Putin this chance to gain credibility and a say in the Syrian situation? Besides this option, Russia’s only action would be a reaction to U.S. aggression. Now, Russia is in a place of (somewhat and ostensible) control. And this has given the media, Russian politicians and Syrian leaders a chance to gloat. They have fended off American aggression; they have won.Well, maybe at first glance, but they know deep down that they have not. The fact is that the U.S. can launch an assault at any time with little to no resistance, and minimal backlash (not many reactions would hurt the U.S. worse than those who own such reactions). This would not be a popular international or domestic option, but if we are talking about power, there it is. So those aforementioned parties stand a lot to gain by declaring victory. What does Obama get?Criticism for one. It is not easy for anyone to take a step back, retract a bold statement and give credence to others’ ideas (even if they may have been your own). No one likes to be (seen as) wrong, especially the world’s most powerful leader. But powerful is not the same as great. Obama took the unpopular path in refraining from assault and listening to diplomatic overtures. He is now faced with a “demand” from Russia that no military punishment exists on Syria if they refuse or fail to meet this agreement. I think this shows the limit of Putin’s victory and the strength of Obama’s humility, which is not popular with some Americans, and that highlights Putin’s claim of American non-exceptionalism.By backing away from aggressive actions, eating his own words and looking like he was out matched, Obama has shunned pride and embraced peace (at least better options for peace). He could have easily said, “screw you guys, launch the attack”, which would have shown strength and power, but also pride and shortsightedness. In the end, he could be wrong. I think it is refreshing for a U.S. president to back off the accelerator a bit and still show strength. And that is exceptional.--------------------------------------------------------------------
Six Factors That Can Make Matters Worse
We all face some form of conflict every day. From navigating traffic to deciding what to watch on TV after a long day. Most of these are "flash-pan" conflicts that are usually forgotten in minutes and ostensibly have no bearing on our lives. Unfortunately, conflicts do not exist in a vacuum; many factors can affect our conflicts thereby increasing their affects on us and others. Like a snowball rolling down a mountain gathering more snow, increasing its size and momentum, a conflict can grow with the addition of several small influences until it demands attention.When conflicts arrive to this point, management, resolution, or reconciliation should be sought to prevent further damage. These efforts are reactionary, and as such (ironically) require a conflict for their application. But what about addressing conflict situations before they gather momentum? What are those small influences that engorge a conflict? Let's take a look at six factors that can make matters worse and what their influences can be. In doing so, we can shed some light on how you can take steps to nip conflict escalation in the bud.
First up: Communication ------------------------------------
Six Factors That Can Make Matters Worse: Communication
First and foremost is Communication. This may seem obvious, but the devil lay in the details. Communication is more than a relay of information. Many things impact communication:
- Choice of words
- Volume
- Proximity
- Sarcasm
- Language, culture, nationality, etc
- Medium (letter, email, in person, etc)
- External noises
- Social media (facebook, twitter, reddit, etc)
- Body language
- Relationship with other party
- and Listening (more specifically, Active Listening)
Active Listening signals that the listener is actually listening. Rephrasing is a method of active listening and is much more effective than saying, "I'm listening". Most, if not all, conflicts can be attributed to some degree of communication issues. The basic problem is that we automatically assume we understand what the other is saying, why they are saying it, and what it all means. With the speed of communication these days we spend less time listening and, therefore, do not fully understand the information relayed…but we think we do.Communication has its own importance, but it also extends to the next influence on conflicts: Trust
Six Factors That Can Make Matters Worse: Trust
Trust is easy to lose and difficult to gain. Regaining trust is even more difficult. Mistakes in communication can chip away at trust and trust building. Once trust is tarnished, conflicts see barren terrain through which to run wild. Escalation soars with mistrust. Some say there are many levels of trust: you trust the banker to actually deposit your check, and you trust the babysitter with your child. Without trust, openness, communication and patience have difficulty gaining purchase, and problems can grow quickly. Politics is a great venue for us to witness how the lack of trust affects communication and problem solving. Political ad campaigns, online opinion blogs, television "news" and even Congress exemplify the obstacles that mistrust erects and the tensions it increases.Next: Emotion -------------------
Six Factors That Can Make Matters Worse: Emotion
Emotion is the known-unknown influence. We know emotions are always involved in conflict. Just which emotions, and how strong they are, is difficult to actually calculate. This is where communication and trust can help. When emotions are involved, they can override the controls that gauge communication and trust. Open communication and strong trust help manage emotions and understand where they originate, as well as not letting them escalate the conflict further.Emotions can be confusing. Actions are different from emotions, but they can look the same. Venting, a valuable human technique, can be conflated with focused anger. Silence is sometimes seen as acceptance or indifference. And so on. The only way to understand which actions are emotional, and which emotions are present is to talk about them, which requires trust and communication.Next up: Relationship -----------------
Six Factors That Can Make Matters Worse: Relationship
If someone in traffic yells a barrage of obscenities at you, you may get angry, chalk it up to that person being a so-and-so, and go on with your day. But if your spouse yells at you, then you may feel differently. The difference is the Relationship you have with the stranger (none) and your spouse (intimate). The more intimate a relationship, the more personal a conflict become is to you. Those close to you can cause greater harm, and you can harm them just as much.Conflicts with those who are close can be volatile and complex, and cause long term damage. The relationship itself can persuade people not to address problems fearing that they may hurt each other. This is a common and understandable approach, but can ultimately be damaging. It is important to note that all of the factors listed here intertwine, and relationships require first and foremost trust and communication.Up Next: Context --------------
Six Factors That Can Make Matters Worse: Context
Even when you can recognize and manage these influences effectively, there is still the issue of Context. We are all connected to a complex world. Situations are rarely, if ever, independent. Influences on situations can be large, small, obvious or covert. A customer yelling at a waiter for dropping a drink may not realize that the waiter just burned his hand on the hot plate in back. Meanwhile, the waiter may not know that the customer just received bad news about their sick grandparent. The context plays a big role in their behaviors, and the reception of the other's behavior.Sometimes there is a wrong time and place to address a conflict and no amount of communication or trust can improve it. Timing is the least tangible influence on conflict, because it's more of a feeling or intuition rather than an external signal, while place is a bit more straightforward. A simple example would be a manager instructing an employee in front of customers. Probably not the best time or place to do that, but other situations are less obvious and more delicate.Lastly: Anticipation -------------------
Six Factors That Can Make Matters Worse: Anticipation
Sometimes you have to wait for the appropriate opportunity to tackle a problem, and this brings up another factor that can make conflicts worse: Anticipation. That same manager knows s/he has to address the employee sometime and with each passing hour the anticipation grows. Give the mind time to imagine what can go wrong and tensions can grow. Many times, anticipation for something is more intense than what comes to pass. Having difficult discussions is never easy, but they do not have to be paralyzing and escalating.Often we delay having such conversations out of shear dread, and this allows the problem to fester and linger. Waiting for the appropriate time is necessary, but waiting too long can add fuel to the fire. While there are intricacies during the conversation, the hardest part is getting the discussion started. There are other factors that can make matters worse, and they build off the six outlined here. These may seem rather obvious and simple to keep in mind, but in the middle of an interaction they remain difficult, even for seasoned professionals. Fortunately, this is where OvalOptions comes into play. We offer assistance with situations where the complexities seem to have the upper hand. For a free consultation, please contact us. -------------
The Crux of the Craft Beer v. Crafty Beer Debate: It's Personal
--To better understand the arguments behind Craft v. Crafty, see links at the end--
There is a heated debate between a few large breweries (AB-InBev, MillerCoors, etc) and more than two thousand small breweries across the U.S. and some other countries. To get a quick outline of the situation, the large breweries bring in about 90% of beer sales, with craft breweries claiming 10%, but this share has grown over the last decade. With overall beer sales losing out to liquor, malt beverages and wine, big breweries have endured further losses of sales to craft breweries. As any company would do when they lose sales, they look to change the trend.Craft breweries are enjoying a huge boom. In a major recession, rarely do we find any company that enjoys profit, and here we have the craft breweries increasing their profits and share of the beer market. It's quite remarkable. How can the overall beer market lose shares to wine, liquor and malt beverages, AND the biggest breweries see sales down, but have craft breweries grow? There must be a secret.Many theories exist as to what this secret might be: hand crafted beer, sense of community, better tasting product, etc. Apparently, the large breweries think the secret is the image of craft beer. MillerCoors and AB-InBev have many smaller breweries under their umbrella (AC Golden, Leinenkugel, Goose Island, Rolling Rock…) or have specific brands under different names (MillerCoors has Blue Moon, AB-InBev has Shock Top). More brand names under this umbrella are popping up.In countering this maneuver from the large breweries, craft breweries are crying foul, and not because they feel the image of craft beer is being tarnished or stolen, although we'll see how this affects the situation. Craft breweries say that on an unequal playing field--where the big breweries have the advantages of money, marketing, etc--now they are bypassing the rules of the game: selling a product under their own name. Craft breweries are asking the large breweries, "hey, if your product is so good, then why are you hiding it under a different name? Step up and claim ownership. Be proud of your product".Ostensibly, the debate then is that Craft breweries want open and honest competition. That they feel the large breweries are denying this. Large breweries counter and say the consumer should purchase what they like. Craft breweries feel the consumer is being lied to by large breweries, and skewing the playing field. But this is the business translation of the core of the issue.*At the heart of this debate is that Craft breweries feel their hard work and precious investments of time, money, energy and lifestyle are being taken advantage of by the large breweries. Ask yourself, if someone took your idea and ran with it at your expense, how upset would you be? Now imagine the person doing this is already extremely rich. How do you feel? This is how craft breweries feel.With large breweries using the image of craft brewing, craft breweries feel cheated and robbed. Not about the image itself, but what that image represents; all the sacrifices craft brewers made to establish a small business around their passion. It is an internal assault on their being and this hurts more than market share, shelf space and financial losses. But, in the end, large breweries are correct: consumers will buy what they enjoy drinking. Who's right is the focus of the debate, but it shouldn't be…a debate.* Some craft breweries will remain outside this debate as their product is distributed by subsidiaries of the large breweries. The three-tier system in the U.S. is a complex machine that cannot be disregarded in this debateDefinitions: Brewers Association http://www.brewersassociation.org/pages/media/press-releases/show?title=craft-vs-crafty-a-statement-from-the-brewers-associationShort video: CBS http://beerpulse.com/2013/06/calagione-on-cbs-craft-vs-crafty-generated-over-100-million-media-impressions-video/Miller's response: http://management.fortune.cnn.com/2012/12/12/sabmiller-big-beer-craft-brewers/Another take: http://management.fortune.cnn.com/2012/11/15/big-beer-craft-brewers/Some analysis: http://cultivatedpint.blogspot.com/2013/02/craft-and-crafty-beer-brewers.html
Magic Hat / West Sixth Breweries Use Mediation for Settlement
Last week, Magic Hat and West Sixth breweries reached a settlement of a trademark dispute without going to court. According to initial reports, a magistrate judge served as mediator and the official dispute ended within a week. We applaud both parties for choosing mediation to seek a mutually agreeable solution and avoid expensive, drawn out litigation. The light at the end of a litigation tunnel would have probably seen the demise of West Sixth and severe public blowback at Magic Hat. It is pleasing to see mediation save both from horrible consequences. More breweries, and businesses in general, should install mediation as a step in their dispute resolution processes and policies.Yet, while these breweries illustrate the importance and prospects of mediation, they also underscore how the complexities of communication, business and social media can escalate a disagreement to the point where litigation seems the only option left. This case saw a flurry of public venom that escalated the dispute further with each social media posting and legal step taken. And with escalation comes position entrenchment, making resolution that much more difficult.This is an interesting case in that Magic Hat wielded one powerful weapon (impersonal legal motions), while West Sixth wielded another (modern social media platforms). Magic Hat could not sway the public to their favoring by issuing cease and desist letters, and filing lawsuits. They were quickly seen, and promoted, as a large corporation picking a small family business, bullying them into submission. West Sixth learned that public statements will not make any difference in court. And going to court could ignite the possibility of losing the case and going out of business.Beyond the clash of powers, it is also interesting to see how each power provides absolutely no help to resolve the dispute. Each time one side would issue a legal motion or post on social media, the dispute flamed on. They seemed destined for a long, arduous court battle. But, give them immense credit; somehow they paused along the slippery slope leading to damaging litigation long enough to consider and seek mediation. That is not easy to do when emotions are simmering, or boiling, and businesses are taking a pounding on social media sites. Kudos to both sides.All of this highlights the importance of mediation and other conflict management processes. For one, this case demonstrates that mediation can halt disputes from going over the proverbial cliff. When all hope seems lost, mediation still saved the day. Businesses, organizations and even families should take note that if mediation has not been used, that it still can be no matter how far the dispute has gone or how close litigation seems.Another important lesson from this case is that not by engaging mediation or other conflict management processes from the beginning of the dispute it can result in ugly escalation, with some unmitigateable damages. Neither litigation nor mediation can fix 100% the damages done to public image, hence the importance of seeking mediation early. And how important is public image? Just look at the joint press release; the largest paragraph is dedicated to an “apology” from West Sixth for misrepresenting Magic Hat in public. That, above everything else, shows how important public image is, and the necessity of mediation in early stages of a dispute.The press release also states that both breweries are satisfied with their solution and will go their separate ways. While we do not know the details of the mediation, or any unmentioned specifics (attitudes, emotions, etc), it may be a good idea to enter a reconciliation process to address any "bad blood" that may linger, although we cannot recommend a specific process. Good faith collaborations or meetings can go a long way in assuaging damage to public image, perhaps even to help other parties in similar trademark disputes. There's a lot left to be done after mediation. All of it is optional and promises little financial benefit up front, but as we have seen in this case, finance is not the only concern.
Meta-Culture's Groundbreaking Initiative in India
PIONEERING GARMENT SECTOR INITIATIVE COMES TO A CLOSE
Our friends at Meta-Culture in Bangalore, India have announced the conclusion of their 2-year dialogue with the GSR. Facilitation of this magnitude, length, reach, and number and diversity of participants is a remarkable accomplishment, requiring time, patience, finances and ongoing learning on behalf of all involved. OvalOptions wishes to send our sincere congratulations to Ashok Panikkar, Beth Fascitelli, the Meta-Culture staff and the entire GSR community. Great job all!Official Press Release:BANGALORE (May 25, 2013) – Earlier this month, participants of the Garment Sector Roundtable (GSR) convened for their final meeting. Over two years and thirteen plenary meetings, the GSR established itself as a first-of-its-kind professionally facilitated multi-stakeholder initiative in India and in the garment sector globally.The GSR brought together various garment sector actors with historically competing interests and adversarial relationships. Participants included representatives from multi-national brands, Indian manufacturers, industry associations, government, trade unions, international and domestic NGOs, and research institutions. Through the GSR, participants engaged in constructive dialogue on issues that normally would provoke intense debate and disagreement.“The GSR helped us engage in difficult conversations and understand the various positions of stakeholders,” said Rishi Sher Singh, India Programs Director, Social Accountability International (SAI). “SAI benefitted from the intense discussions on topics such as living wages and freedom of association, wherein all stakeholders shared their viewpoints and related challenges.”Reflecting on her GSR experience, Linda Johansson from H&M India Pvt Ltd commented, “I learned a lot about NGOs and trade unions – I couldn't have gotten that learning anywhere else.”Conceived in September 2009 and finally launched in January 2011, the GSR process was designed and facilitated by professional facilitators from Meta-Culture in Bangalore. Meta-Culture is a pioneering organization in India, which seeks to use methodologies such as mediation, dialogue facilitation, and consensus building to help people in conflict engage in meaningful and constructive ways.“The GSR was a landmark experiment in India, where productive dialogue among opposing parties rarely happens,” said Ashok Panikkar, Meta-Culture’s Founder and Executive Director. “We hope to do more of this work in other sectors going forward.”Challenged with lack of funds and pressure to achieve short-term results, the GSR came to an official close on 8th May 2013. At the final meeting, participants expressed their feelings about the GSR’s closing, reflected on its achievements, and identified learning for future multi-stakeholder initiatives.Among the GSR’s achievements were strengthened stakeholder communication and increased instances of formal and informal collaboration between organizations. At the May meeting, Coen Kompier, Senior Specialist at the International Labour Organization, rattled off the names of ten other GSR participants with whom he had engaged outside of the GSR.Gopinath Parakuni, General Secretary of Cividep India and a founding member of the GSR, said, “The GSR provided a platform to share concerns and improve understanding among stakeholders. Such platforms can help stakeholders in the garment sector work together.”The GSR also launched two joint action initiatives based on common stakeholder interests: the Joint Fact Finding research on labour shortage and turnover in garment factories, and the Women’s Supervisory Training Program for women tailors to become shop floor supervisors. Both projects are ongoing and have the potential for long-term impact.About these projects, Kompier commented, “We have made an agreement to concretely address sexual harassment issues through the WSTP. The project’s uniqueness lies in the multi–stakeholder approach. The same applies to the research on labour turnover.”One participant expressed frustration about how some sector stakeholders thought that the ending of GSR after two years meant that it was a “failure.” Meta-Culture facilitator Beth Fascitelli responded, “We are here to honor the efforts of the GSR and determine how our learning can be useful to other such processes in the future. How can we replace the language of ‘failure’ with the more useful language of ‘learning’?”While realistic about the challenges of sustained multi-stakeholder initiatives like the GSR, participants and facilitators are optimistic about the GSR’s influence on future initiatives. “The path to social dialogue is slow, painstaking and meandering!” said Singh. “The GSR has successfully laid the benchmark for industry dialogue processes in India.”
Slippery Slope of Brewery Trademark Disputes
The Ugliness Surrounding TrademarksIt seems the Strange Debacle was not enough proof of the sensitivity and power of social media. West Sixth Brewing and Magic Hat Brewing Co. are engaged in a trademark dispute that has quickly spilled over into the social stream. Each brewing company has plenty of supporters and detractors, and many online users denounce both and think the whole subject is ridiculous. And in a way, they’re correct. How did a trademark dispute end up as a social media firestorm? What were the reasons for the lawsuit and facebook postings? What was the goal with these decisions? Did the still-ongoing dispute over “strange” not teach these breweries a lesson or two?Now, it would be easy to jump the gun and seek someone to blame, and many are doing so. But this does not address the problem, which is complex. Even if the lawsuit is dropped, or the parties settle out of court, problems will remain. Sure, the first problem is trademark protection/infringement. A business has a right to protect its label, brand and image. Adjudication can settle this, legally, but has no impact on facebook et al and public reputation, nor should it. Damage to both breweries will continue to accumulate, with most damage done to the larger of the two (Magic Hat) in public relations, and West Sixth in finances.Then there is the problem of communication and relationship. The Craft Beer Industry is one of camaraderie and friendship. This sort of trademark dispute, more specifically the method of disputing, damages these aspects. It is quite unlikely that, without help, Magic Hat and West Sixth (and their “allies”) will ever be on good speaking terms. A judge cannot make them “be nice”. Maybe they would have never been friends, or close acquaintances, or even friendly strangers, but now they have almost assured they will not be, and that is disappointing.Ostensibly, the mistakes made were filing a lawsuit (which is public) and utilizing social media. Yet, these were symptoms of a bigger problem: dispute mismanagement. A common aspect of which is going to extremes to settle the issue; the best defense is a strong offense mantra. Unfortunately, following this stream of thought overlooks valuable, available, effective and affordable options.Mediation and other conflict management services ought to be considered before lawyering up and unleashing online campaigns. To be sure, these services are still available with attorneys involved, it just becomes more complicated and decreases the parties’ control of the process. When a disagreement escalates beyond private, one-on-one, and personal discussion, the next step should be to contact a conflict management services provider. Even if they cannot help for whatever reason, there is no harm done. The parties can go right ahead and do whatever they want, whether filing a suit or hitting facebook. Nothing is lost, and at the very least judges tend to appreciate “good faith” attempts to find resolution outside of court.The folks at West Sixth and Magic Hat still have options before going to court. Whether or not they try these is unknown. Perhaps they themselves are unaware that such services are available. That’s why we are here, to help in whatever way we can, even if that means referring parties to other providers. In the end, social media will not overturn legal trademarks, and lawsuits cannot sway public opinion.
Conflict in Construction
Remodeling your kitchen? Developer of a new downtown high-rise? A commuter having to make detours to bypass roadwork on your daily drive to work? Whether you are in the construction industry, or simply drive by something “under construction”, there’s no doubt you have experienced the myriad of hassles from construction projects big or small.The construction industry, private and public, is fraught with conflict and special issues requiring intervention at many levels of a project. For better-or-worse, construction and conflict go hand-in-hand. But there is a positive side to glean from construction conflict: mediation and other alternative dispute resolution techniques are poised to become the preferred methods of dispute resolution within construction projects.Why? In large part because of the lower costs associated with these resolution techniques as compared to litigation or even arbitration. More-so, because mediation can resolve disputes much faster than traditional alternatives. And delays in construction can amount to millions of dollars. Above all, mediation can and is used in two different ways in construction management: as a dispute prevention technique as well as dispute resolution once conflict has emerged. Thus mediators can be used very innovatively in construction projects: as dispute avoidance professionals and/or as dispute resolution specialists.Construction can have many sources of conflict. The Construction Industry Institute and Pen-Mora, Sosa & MCone (2003) identify sources of conflict ranging from unrealistic expectations, contract document language, schedule delays, performance clauses, contractor negligence, construction document misinterpretation, industry unpredictability, and poor workmanship to name a few. Similar to other industries, the construction industry also has organizational conflict that is exacerbated by the various levels of project team members who may communicate or understand things very differently from one another. For example, the owner and financial resource (can be a private party or government entity), the architect/engineer, the prime contractor and subcontractors all are expected to work symbiotically with clear communications channels and understand each other’s needs. But often there are divergent objectives: an owner wants maximum quality and functionality at minimal cost and the contractor wants to meet the scope of work by expending minimum resources. A recipe for conflict!Yet, if you ask a contractor or owner what the single most prevalent source of conflict within their work is, they will probably tell you it isn’t negligence or shoddy workmanship or disagreement over expectations and deadlines, instead they’ll say it is contract disputes over payment. They’ll tell you stories about change-order disputes, “paid-when-paid” verses “paid-on-terms” clauses and the clashes experienced when contractors or material suppliers can’t get payment in time to fund their own overhead and payroll. You’ll hear stories about price changes with construction schedule changes, being on deadline and not waiting for paper change-orders, operating on verbal agreements that differ from contract work and having final payments withheld. And it’s not just payment that gets held up; it’s also the completion of a job that is held up. It is not uncommon for years to go by before payment is complete – with or without litigation or arbitration. The result is relationships that fracture and future projects which are tainted. If specific points of conflict were addressed at the time they arise, much of the payment and contract disputes can be minimized or even avoided.The inherent conflict that can occur with even the most coordinated and managed projects has caused the construction industry to become quite savvy with resolving conflict so that it does not affect schedules or the bottom line: many construction contracts now include provisions for mediation as a function of the on-going project – to identify and manage conflict as it arises and address it real-time. Suffice it to say that resolving conflict before it escalates is paramount in the construction industry. An impartial, objective third-party who can work with both sides of a construction dispute before or immediately upon its presence can make all the difference in a successful, on-time, on-budget construction project.
Thinking Divorce? A Mediator Can Help
According to Jennifer Baker of the Forest Institute of Professional Psychology, 50% of first marriages, 67% of second marriages and 74% of third marriages end in divorce. As bad as it is for first marriages, it seems lessons are not learned. Childlessness is cited as a common cause, but often it is problems with children, in-laws, finances, and the commonly used escape clause incompatibility that are reasons for divorce. A good many divorces might be prevented if couples considered mediation prior to applying for divorce.
Mediation is not marriage counseling or “treatment” of some sort. Mediation is allowing a third party neutral to disputes to hear both sides and enable them to better understand each other. Typically, it is the lack of communication and the avoidance of the difficult conversation that is the root cause of divorce. If you are thinking of divorce, you may have other options before contacting a divorce attorney.
Craft Brewing and Trademark Infringement: What's at Stake?
According to the Brewers Association, the U.S. is home to over 2,300 craft breweries, with more opening each week. Added to the international, national and regional breweries the total number of breweries in the U.S. eclipses 2,400. Each brewery produces at least 2 different types of beer, and most breweries assign names to their brews (some use style-names like Pale Ale, Stout, etc). With so many beers out there, and more on the way, it is not surprising that some beers might share the same name. If a brewery trademarks a name, then disputes will arise. In fact, they have.There are several issues stemming from a trademark infringement case. Breweries can benefit from understanding them and the options available to manage such cases. Business Protection: This is the evident issue. While citing trademark infringement against a brewery 3,000 miles away because they are using a name similar to a trademarked name may sound a bit paranoid and a bit uptight, technically it's the right thing to do. By claiming trademark infringement the holder of the trademark is actually protecting its investment in the current situation, and also in future situations. In the trademark world, if you don't protect it, then you may lose it. Protecting now means stronger protection later, and perhaps against tougher challengers. Community: Many trademark issues involve members of the craft beer industry, which is a close-knit community. Filing a trademark is a business move claiming rights to a creation. This is a necessary vice for craft brewers, who by and large love to create new beers. They get pleasure from the creation itself, seeing others enjoy this creation, and the new challenge that awaits them in the brew house. Commercial marketing and business dealings hold little interest and trademarks signify a infiltration of this community. Social Media: The juxtaposition of business and community can create a hubbub on the Internet. Many craft beer consumers hold the sense of Community sacred. No brewery is above and beyond this community, and to introduce trademark (or any) legal action is a severe violation. With the advent of social media, through which many breweries build followings, the emotions over this violation escalate and can turn downright ugly. And this, in turn, is a violation of the Community. Consequences can be damaging and managing them may prove difficult, not to mention stressful.The first issue has garnered acceptance among craft brewers. It's the business side that brewers reluctantly manage, or hire someone else to manage. When non-brewing issues arise, though, managers fall back on default methods for dealing with them. A common fall back for trademark infringement is immediately hiring an attorney. While this is an understandable method, it does little to address the next two issues mentioned above. In fact, choosing this method first (and only) exacerbates both. For one, the issue is no longer a part of the Community--control of it is in the hands of outsiders (lawyers, court system, judge). Another reason is that all communication becomes private between legal counsels, there is no direct communication between the brewers. The increasingly common cease and desist letter is a stale, impersonal symbol of corporate takeover of craft beer. Consumers erupt.On top of those two aspects, legal counsel is expensive and the court system slow. Reaching a decision (a dictated judgment) can take months or years. While legal counsel is a viable option, and sometimes necessary, it is by no means the only one.Brewers, realizing the issues at hand, can choose facilitation or mediation before retaining legal counsel. These alternatives methods allow brewers to communicate face-to-face and give them an opportunity to create a solution together, thus "owning" the resolution of the issue. They also illustrate to the craft beer community and consumers that beer and camaraderie are more essential than strict business maneuvers. Both methods are quicker than the court system, and do not require the same level of financial commitment. And while facilitated or mediated resolutions are not by themselves legally binding, the parties involved can allow them to be.It is important to note that using facilitation and/or mediation prior to retaining legal counsel does not prohibit doing so in the future. In other words, if facilitation/mediation doesn't work, then legal counsel may still be sought. In fact, most courts prefer mediation before cases go to court since it helps illustrate the issue, gets parties communicating with each other, affords a real chance at resolution, and does not add to an already jammed case load. With a success rate over 85%, mediation merits consideration.So, before that cease and desist letter is sent (or even written) brewers should at least consider other options since there is more at stake than a name.
I Want Custody of My Children
I recently spoke to a client who said, “My ex is gonna freak when I tell her I want custody of our child.” This client was focused on the idea that the word “custody” implies – ownership of the child. Many people falsely believe that they’re fighting over possession of their children and the “custody” word tends to increase tensions. This client simply wanted a parenting plan that accurately represents the current situation.In Colorado law, the language around custody agreements has shifted to better reflect the realities of the conversation. We now refer mostly to parenting plans and parenting time. While you are still negotiating who has the children the majority of the time, as well as decision making responsibilities, the conversation doesn’t have to be as tense as people often assume it will be.If your ex is going to freak out because you want custody, the first step is to shift your language to say you want to modify parenting time.If you need help talking to your ex about any of these issues, a mediator can help keep the conversation focused and productive.
How to Manage Brewery Employees 101
How to Manage Brewery Employees 101
So, you have your own craft brewery. A dream come true: you make beer, drink beer, and sell beer all in one setting. You have a following of beer geeks who like your product. Feels good, right? Aside from financing and the occasional equipment hiccup, things seem to be going well. If only you can get your employees to do their jobs more often, things could really pick up, or at least make life a bit easier.You are not alone. In the age of smart phones, social media and some sense of entitlement, businesses find that their employees have more on their minds than their duties. This is frustrating for any business, but for a brewery, it’s especially annoying since the brew-house is commonly seen as a laid back, relaxed atmosphere. But there’s still work to be done, beer doesn’t make itself. How do you motivate employees, keep them on track, and maintain this atmosphere?Good question. The quick answer is; “it depends on the situation”, which is true, to a point. Different situations call for unique solutions. People have their own issues, and no two are the same. Yet, there are some commonalities in these situations. One is the fact that brewers are, for the most part, not managers. They do not have the skills, or desire, to manage people. They are hard workers and expect the same from their employees. Another commonality is communication, or lack thereof. Human communication is a tricky gig; we each have a communication style that may not mesh well with others’ styles. Combined, these two commonalities make employee management a tough task.As such, a complete offering of advice is impractical on this blog, but here are a few tips:- Keep in mind that people have lives outside of the brewery. Sometimes, distressing situations climb into the workplace, and production suffers. This is NOT done on purpose. Employees may need assistance, and dismissing or minimizing this distress only complicates the situation- Remember what the subject is: work, beer, production. If an employee isn’t watching the temperature on the kettle, what’s the subject? It’s the kettle temperature. Say something like, “that temperature needs to be watched closely” rather than “why aren’t you watching the temp?”. The latter will evoke defensive reaction thereby creating a tension in the relationship- It is important to be tolerant for reasons above, but it is also critical to maintain authority and leadership. These come in many forms, and is specific for each brewery and brew teamThis advice may seem vague and complicated at the same time, because it is. Management is never easy, but it certainly can be easier. It just takes practice and a fundamental understanding of human interactions, communication and your team. And, of course, there are always options on the table.
Why Mediate Divorce? How a Mediator Can Help During Your Divorce.
It's a fact; divorce is one of the most stressful situations you can go through in your lifetime.Yet you may choose to make it an even more difficult and costly experience for yourself by paying attorneys copious amounts of money to fight a extended and painful battle.If your children are involved this path can be an even more stressful situation.There are circumstances where the court and litigation process is the right one but even then mediation is often a viable, and sometimes required, option to work out part of the agreement leaving only the unresolved issues to the attorneys and the courts.And most certainly where there are children involved it is often in their best interest for their parents to design a parenting agreement that puts the children first. A parenting plan should be born out of compassion and care for the children’s future rather than one that is based on acrimony and winning the battle.Separating couples often go through the divorce or separation process trying to win a battle of the past relationship rather than thinking about what's best for them and their children’s future.It would seem that the intelligent and thoughtful way to move forward and get on with one's life is often through the mediation process.The mediation process empowers the involved parties to have a say so in their divorce or separation rather than have a decision imposed on them by the court.Lower cost, less stress and more meaningful agreements are some of the direct benefits of mediation.
Are they Brewers? What's More Important: Definitions or In-Fighting?
What's More Important: Definitions or In-Fighting?The Roman Empire fell from within. Sure, Alaric and the Visigoths sacked Rome, but it had grown vulnerable in the decades and century before. Loosely governed expansion, disconnect with member "states" and in-fighting doomed the once powerful empire. Craft Brewing is mirroring this empire.Ok, ok…so the analogy is a wee bit faded, and probably not at all accurate, but as Buford T. Justice would say, that's an attention getter.Recently, there have been blogs published by those in the craft beer community rebuking one another for some or another reason. Most common are the trademark infringement cases that can be handled much better than they have, but which have blown up to become social media disasters. The newest lambasting concerns "gypsy brewers". Needless to say, lambasting one's company, job and profession triggers emotions, and a response. Everyone has a right to their own opinions and the freedom of speech to express them. With these, though, comes responsibility--for what is said and the reactions the come forth. My concern is that neither the speech nor the reaction, or even the consequent reactions, will be handled well by those involved or the craft brewing industry at large (which includes consumers--and important segment).While there are only two blogs in this back and forth, the stage is set for ongoing damages. This is in-fighting, and the Big Boys are loving it: let them fight amongst themselves! To be sure, the two authors can get together, speak openly and honestly, come to an agreement, and possibly issue a public statement. Ostensibly, then, the issue is resolved. Yet, this would be incomplete. Ripples of the dispute can travel far and wide. While these two may be "at peace", those who agree with either side will not. How will gypsy brewers feel? What will they think? How will non-gypsy brewers react? It is difficult for those following to come together and discuss the topic (or can't do so quite as easily). Animosity can grow, and from my discussions at the Craft Brewers Conference, it has already started. Who knows where it will lead? Maybe nowhere. Maybe to Rome.So, what are we to do? In this situation, swift action is needed before the conversation becomes ensconced in online forums, beer chats and other ethereal communities where animosity can grown and partisanship takes hold. Perhaps a statement from the Brewers Association can help nix the growing bud.And that should not be the end of it. There is a lesson or two here and they should not be ignored. Online blogs are great, they convey information to consumers and other interested parties. They can be powerful for good or not-so-good. I think we all know about the Strange debacle; that issue rages still. Some comments are better left off of the public forums. The chances of miscomprehension, misinterpretation and out of context quotes are too great to post just anything of contention online (unless, of course, you just don't care--proceed at your own risk). It is like office rumor mills, or co-workers talking about each other behind each other's back. It hurts business.If contentious blogs are to be written, though, close attention to the words chosen is important. It's one thing to disagree with someone, and quite another to label them. The difference is that with the former, you're stating an opinion. The attention is on you. In the latter, the attention is on someone else without their knowledge and/or approval, and no way to defend themselves at the time. People react when they are attacked, and a common defense is a more powerful offensive. That old saying, "stick and stone may break my bones, but words will never hurt" is only half true. Bones break, but they are relatively easy to fix. While words shouldn't be damaging, they are quite often immensely powerful (for bad and good, I might add). Remember, people are 99% the same. In order to feel unique we sometimes focus on our differences, and those differences that we see as "negative" get the attention. Instead, let's focus on the positives and the shared qualities…like great beer.
Brewers Association's Craft Brewers Conference - Washington D. C.
Last week, Washington D.C. was inundated with craft brewers and beer geeks as the Brewers Association’s Craft Brewers Conference was held in the nation’s capital. This conference was a mix of trade shows, seminars, receptions, tap-takeovers, and special events around the city. My hotel was in Georgetown and found a great little pizza/beer spot just down the road (Pizzeria Paradiso). As a craft beer geek, I was in heaven.As a conflict management specialist, I was embarking on a new frontier for Oval Options. Heading into the conference week, I had questions: was there much conflict in craft brewing? If so, where did it originate and where did it show itself? Who would be interested in Oval Options services? How would craft brewers and brewery owners react to conflict management service? These questions and more (like, “does Oklahoma produce a nice saison?”) bounced around in my noodle all week.The answers I received were helpful (yes, Oklahoma does have a nice saison). As per every business, craft brewing does endure its share of conflicts, although not as many as other industries. This is for several reasons, but the main one is the intimate and personal nature of breweries. Brewers make beer because they love to make (and drink) beer. Enjoying a monetary profit is a bonus. They also love the community atmosphere of brewing. They’ll talk to anybody, share a beer with everybody, and are always interested in new things...especially beers.I had a great time speaking, and drinking with craft brewers from all over the U.S. and some from the international scene. At the Churchkey I ordered a beer with my friend Alan from Backcountry Brewery, and started chatting with the guys from Fernie Brewing in Canada. Nice people, nice beer, nice conversation. That wraps up the character of craft brewing right there.