Resolving Disputes Through Negotiation

Conflict gets a bad rap in the workplace. Early in my career, I believed conflict had no place in a healthy workplace. As I progressed, I realized that it was quite the contrary. The lack of conflict isn't a sign of a healthy work culture, rather it is an indication that important debates, discussions and differing viewpoints are being disregarded or suppressed. This insight revealed another key aspect: high-performing teams do not shy away from conflict. They embrace it, leveraging diverse opinions to drive optimal outcomes for customers. What sets these teams apart is their ability to handle conflict constructively. So how can this be achieved? I reached out to my friend Andrea Stone, Leadership Coach and Founder of Stone Leadership, for some tips on effectively managing conflict in the workplace. Here's the valuable guidance she provided: 1. Pause: Take a moment to assess your feelings in the heat of the moment. Be curious about your emotions, resist immediate reactions, and take the time to understand the why behind your feelings. 2. Seek the Other Perspective: Engage genuinely, listen intently, show real interest, and ask pertinent questions. Remember to leave your preconceived judgments at the door. 3. Acknowledge Their Perspective: Express your understanding of their viewpoint. If their arguments have altered your perspective, don't hesitate to share this with them. 4. Express Your Viewpoint: If your opinion remains unswayed, seek permission to explain your perspective and experiences. Remember to speak from your viewpoint using "I" statements. 5. Discuss the Bigger Objective: Identify common grounds and goals. Understand that each person might have a different, bigger picture in mind. This process can be taxing, so prepare beforehand. In prolonged conflict situations, don't hesitate to suggest breaks to refresh and refuel mentally, physically, and emotionally. 6. Know Your Limits: If the issue is of significant importance to you, be aware of your boundaries. For those familiar with negotiation tactics, know your BATNA (Best Alternative to a Negotiated Agreement). 7. Finalize Agreements: Once an agreement has been reached, continue the engagement to agree on responsibilities and timeframes. This ensures clarity on the outcome and commitments made. PS: Approach such situations with curiosity and assume others are trying to do the right thing. 🔁 Useful? I would appreciate a repost. Image Credit: Hari Haralambiev ----- Follow me, tap the (🔔) Omar Halabieh for daily Leadership and Career posts.

Disagreeing with your manager is one of the hardest skills to master in business. But after years of corporate experience, I've learned the art of respectful dissent. Here's my proven framework for disagreeing with seniors during meetings: (Save this post - you'll need it one day) 1. Start with alignment Always begin by acknowledging the shared goal. Show you're on the same team. "I understand we want to increase revenue by 20%..." 2. Frame it as additional input Never say "I disagree" - instead use "I'd like to add another perspective" This simple switch changes everything. 3. Back it up with data Numbers speak louder than opinions. Always bring facts: • Market research • Customer feedback • Previous results • Industry benchmarks 4. Propose solutions, not problems Don't just highlight issues. Come prepared with: • Alternative approaches • Risk mitigation strategies • Implementation plans 5. Choose the right moment Private conversation > Public disagreement Before the meeting > During the meeting 1:1 setting > Group setting 6. Use "we" language "We might want to consider..." "What if we explored..." "Could we evaluate..." 7. Follow up professionally Send a brief email summarizing: • Your points • Proposed next steps • Appreciation for the discussion Remember: The goal isn't to win an argument. It's to help the team make better decisions. What's your experience with handling workplace disagreements? Drop your thoughts below👇 #Corporate #Leadership #Professionals #Decision

Mr.Jaye is a business owner who ensured that he dotted the “T”s and crossed the “I”s at the inception of his business. He got all the necessary permits and licenses relating to his business and took extra steps to register the trademark for his company logo, and got a registered patent for his invention. Recently, it was discovered that another company was infringing his IP rights by claiming to be the owner of Mr. Jaye’s invention. This got Mr. Jaye very upset considering all the sacrifices and efforts that have been made to sustain and keep the business going. Mr. Jaye wasted no time in consulting with his lawyers to take advice on what to do next. The process of taking the company to court was considered but he realized that taking that route may cause the matter to linger for a longer time. It was at this stage that Mediation was suggested as a way for the two sides to come together and find a mutually agreeable way forward. A mediator was appointed and the process commenced. In the end, the parties were able to resolve the dispute amicably. A written agreement was prepared by the Mediator and signed by the parties. Even though Mr. Jaye knew that he had a strong case and will likely win in court, he was glad that the matter was resolved in good time. Words of advice from of Mr. Jaye- “As a business owner, choosing mediation to resolve your disputes affords you the opportunity to work things out without spending so much money which could be better spent growing your business.” Would you take Mr. Jaye’s advice? #MediationinNigeria #mediation #mediationadvocate #Mediator #adr #mediationinafrica

Innovative SMEs play a central role in the expanding world of connected devices – the Internet of Things (IoT). To ensure their gadgets interoperate smoothly, they rely on standardized technologies. Many components of these technologies are protected by patents. Where compliance with standards depends on the use of protected inventions, these patents are called Standard Essential Patents (SEPs). SEP holders are usually required to license their patented technologies to others on “FRAND” (fair, reasonable and non-discriminatory) terms. While this process often works effectively, differences in views exist – and SMEs do not always have the necessary resources to navigate SEP licensing negotiations. To avoid costly litigation and provide added security for SMEs working with standardized technologies, a new initiative – the WIPO Mediation Pledge by SEP Holders to IoT SMEs – aims to resolve impasses through alternative dispute resolution (ADR). Under this Pledge, managed by the WIPO Arbitration and Mediation Center, signatory SEP holders commit to offering mediation before suing in licensing disputes with SMEs that manufacture or sell IoT devices. To date, the following major players in IoT technology have signed the WIPO Mediation Pledge: Ericsson, Huawei, Nokia, Qualcomm and Sisvel. As global connectivity expands and more devices rely on standardized technologies, fostering fair and transparent SEP licensing practices is becoming ever more important to sustain innovative progress in this area. I welcome this initiative and encourage interested stakeholders to learn more and consider joining the Pledge: https://lnkd.in/eFcsZZkP #WIPO #SEPs #FRAND #Innovation #IntellectualProperty #SMEs #IoT #DisputeResolution

𝗣𝗮𝘁𝗲𝗻𝘁 𝗜𝗻𝗳𝗿𝗶𝗻𝗴𝗲𝗺𝗲𝗻𝘁 𝗗𝗶𝘀𝗽𝘂𝘁𝗲𝘀 𝗮𝗻𝗱 𝘁𝗵𝗲 𝗥𝗼𝗹𝗲 𝗼𝗳 𝗠𝗲𝗱𝗶𝗮𝘁𝗶𝗼𝗻 Most patent infringement cases find their way to mediation, offering a faster, more collaborative resolution than traditional litigation. A recent example is the case involving On4Off Trading Pvt. Ltd. and the National Payments Corporation of India (NPCI), where the Delhi High Court has referred the matter to mediation. This case revolves around UPI-linked credit card technology and underscores the growing need for robust IP strategies in the fintech space. 𝗞𝗲𝘆 𝗧𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 𝗳𝗼𝗿 𝗜𝗻𝗻𝗼𝘃𝗮𝘁𝗼𝗿𝘀 𝗮𝗻𝗱 𝗕𝘂𝘀𝗶𝗻𝗲𝘀𝘀𝗲𝘀: 1️⃣ Mediation Matters: It’s cost-effective, efficient, and preserves relationships between disputing parties. 2️⃣ Proactive IP Strategies: Protecting your innovation isn’t just about patents—it’s about anticipating challenges and preparing for them. 3️⃣ The Big Picture: Beyond resolution, mediation helps shape how industries approach innovation and IP compliance. This case is a reminder to innovators and startups: your ideas are your currency—protect them wisely. What’s your take on mediation as a preferred route for resolving IP disputes? Dr. Benjamin DELSOL (PhD, LL.M) David Kalow Dr. Dominique Christ Sven Boon Alexandra P. #Innovation #Patents #Mediation #Fintech #IPStrategy

Claims Aren't Battles: They're Projects Within Your Project Why Proactive Management is Your Best Defense Construction claims aren’t just legal formalities – they’re complex projects requiring strategy, precision, and foresight. Drawing from FIDIC principles and industry best practices, here’s how we shift from reactive firefighting to proactive control: 1. ⏰ Notices = Oxygen for Claims FIDIC’s 28-day notice window (Clause 20.1) is non-negotiable. Miss it, and rights evaporate. Treat every potential delay or variation like a live trigger – document immediately, notify formally, and track relentlessly. Your vigilance preserves entitlements. 2. 🔍 Concurrent Delays: Untangle Early When employer and contractor delays collide, EOT isn’t reduced – but costs must be surgically separated . If we can’t isolate our costs from concurrent delays, recovery fails. Update programmes weekly to pinpoint responsibility. 3. 💸 Cost Claims Demand Causation, Not Formulas "Prolongation costs" require proof of critical path impact - not just extra days. "Disruption" needs productivity loss data, not assumptions. Ditch generic overhead formulas; tie every dollar to a specific event, resource, or decision. Global claims rarely survive scrutiny. 4. ⚖️ Know Your Contract’s DNA FIDIC’s "Rainbow Suite" allocates risk very differently: Red Book: Employer controls design but bears more cost risk. Silver Book: Contractor verifies all site data – no excuses later. Yellow Book: Performance specs rule - design flexibility is key. Misunderstanding this = guaranteed claims pain. 5. 🛡️ Build Dispute Avoidance Into Controls Schedule updates, change order logs, and document systems aren’t paperwork - they’re your early-warning radar. Use critical path analysis to foresee delays; quantify disruptions with "measured mile" comparisons. The Bottom Line: Claims succeed when rooted in daily discipline – not heroics during disputes. Document like your budget depends on it (it does). Notify like deadlines are lifelines (they are). And remember: the best claim is the one you avoid through relentless control. Stay sharp, stay proactive. #ProjectManagement #ConstructionClaims #FIDIC #RiskManagement #DelayAnalysis #CostControl #ContractManagement #DisputeAvoidance #ConstructionIndustry #ProjectControls #YasoElmasry

𝑨𝒍𝒕𝒆𝒓𝒏𝒂𝒕𝒊𝒗𝒆 𝑫𝒊𝒔𝒑𝒖𝒕𝒆 𝑹𝒆𝒔𝒐𝒍𝒖𝒕𝒊𝒐𝒏 (𝑨𝑫𝑹) 𝑴𝒆𝒕𝒉𝒐𝒅𝒔 Disputes are inevitable in Construction Contracts & can arise during project management process when contract parties don't agree. Litigation process can be costly, This is where ADR is helpful for finding solutions by avoiding conflicts. ●What are Common Construction Disputes Causes? •Errors in claim submission •Different site conditions •Conflict over construction delay •Contract errors •Poor contract administration •Poor construction quality •Conflict over nonpayment of claims •Nonconformity of contractual obligation ●What are ADR common methods? •Adjudication Formal & fast ADR process to end commercial construction disputes. Any commercial construction contract party has a statutory right to refer a dispute to Adjudication, without a need for a specific contract clause. Process generally takes 28 days, irrespective of any Court proceedings that may have already commenced. •Mediation Impartial 3rd party (Mediator) helps disputed parties to find a mutually acceptable resolution. Process is without prejudice & confidential. Mediation explores psychology of parties in dispute allowing them to step back to consider their positions to look at behaviour & reality of what has happened & what result will be if dispute continues. It needs both parties to co-operate to reach a settlement. •Arbitration When a party/parties seek a final dispute determination Legal Costs can be recovered, Arbitrator decides who pay fees & legal costs of action depending on any cost agreement or law in respect of costs following event •Expert Determination/Witness Expert Witness Reports can help to understand strengths &/or weaknesses of a dispute & develop best strategy to resolve it. ●When to use ADR for Construction Contract? ADR is regularly used to resolve disputes concerning payments, construction delays, EOT claim, loss & expense, repudiatory contract breach, contract termination, defects, practical completion, incomplete work, design failure, variations & often LDs, bankruptcy or insolvency. It's important to know when should ADR be used, If communication between parties is broken or there is an imbalance of power between parties then it may be necessary to consider litigation process over ADR. ●What is ADR Advantage? •Costs are reduced as Construction Solicitor, Barrister or Construction Lawyer not required as there are no Court proceedings, which can be time consuming & costly. Courts often request ADR is used initially, through ‘Pre-action Protocol for Construction & Engineering Disputes (PAP). With litigation, Court proceedings often only a fraction of costs are recoverable(sometimes 25%) might easily outstrip your claim quickly. •Speed, Disputes can be resolved through ADR quickly. •Confidentiality, ADR is a private process & isn't in public domain like litigation, can help maintain relationship between Main parties in dispute & ease process. #Sawy_Says

Mediation is useful in addressing intellectual property (IP) disputes because it takes a collaborative and flexible approach to conflict resolution. Here are some major characteristics of mediation's function in intellectual property disputes:   1. Voluntary and Consensual Procedure: Mediation is a voluntary procedure that requires all parties involved to agree. It offers a non-adversarial setting where parties can engage in open discourse and strive toward a mutually agreeable agreement. Because the conflict is voluntary, the parties retain control over the outcome.   2. Maintaining Relationships: Intellectual property conflicts sometimes entail ongoing corporate relationships, partnerships, or collaborations. Mediation works to keep these relationships alive by encouraging dialogue, understanding, and cooperation among the parties. The mediator facilitates meaningful dialogues, fosters empathy, and assists parties in finding common ground. 3. Customised and Flexible Solutions: Mediation allows parties to explore unique and personalized solutions that would otherwise be unavailable through traditional litigation. The mediator assists parties in identifying their underlying interests, exploring numerous choices, and reaching mutually beneficial conclusions. This adaptability enables the resolution of complicated intellectual property disputes in a way that addresses the parties' individual demands and interests.   4. Confidentiality: Mediation processes are private, allowing participants to openly communicate their problems and interests without fear of being revealed to the public. This secrecy creates a safe environment for open conversation and encourages parties to explore potential solutions without risking their reputations or releasing important IP-related information.   5. Time and Cost-Efficiency: In general, mediation is faster and less expensive than traditional litigation or arbitration. By avoiding lengthy judicial procedures and related costs, parties can reach a faster and less expensive conclusion. This is especially useful in intellectual property conflicts, where time is sometimes of the essence due to fast-expanding markets and technologies. While mediation has many advantages, it may not be appropriate for every intellectual property dispute. Alternative dispute resolution procedures such as litigation or arbitration may be more appropriate in circumstances when parties are unable to participate in good-faith negotiation, where quick injunctive relief is required, or where there are major power imbalances. However, for many intellectual property disputes, mediation is a productive and effective way of settling conflicts while retaining positive connections. #iplaw #iplawyer #intelectualproperty #mediation #arbitration #litigation  

Managing large projects with multiple contracts can be chaotic. Here’s what happens when you rely on separate Dispute Boards (DBs) for each contract: == Conflicting Decisions Different boards handling different contracts often lead to inconsistent decisions, creating confusion and delays . == Higher Costs Each DB comes with its own setup, fees, and administrative costs. Multiply that by the number of contracts, and the expenses add up fast . == Lack of Coordination When DBs don’t have a full view of the project, they miss critical cross-contract issues. This leads to missed opportunities for proactive dispute management . == Time Delays Onboarding and familiarizing multiple DBs with the project details takes time—time you don’t have when disputes need quick resolution . THE SOLUTION: Project-Wide Dispute Boards (DBs) You can have one DB to oversee the entire project, ensuring consistency and streamlined dispute resolution. That’s the essence of Project-Wide DBs. ## Consistency Across the Board With a single DB, decisions are unified and fair, avoiding the confusion of conflicting rulings . ## Cost Efficiency You save big by scaling one DB across multiple contracts, reducing overhead while still accessing top-tier expertise . ## Proactive Dispute Avoidance A Project-Wide DB knows your project inside and out, identifying and resolving potential disputes before they escalate . ## Expert Oversight Bring in a tailored panel of adjudicators with diverse expertise—engineering, legal, and beyond—to cover all aspects of your project. ## Faster Resolutions No need to onboard multiple boards. A single DB already familiar with the project can act quickly when disputes arise. * FIDIC document, Practice Note II: Appointment of Dispute Boards, explores the benefits of Project-Wide DBs in detail and provides actionable guidance for implementation. Check it out for more insights! So, why settle for complexity when you can streamline success with a Project-Wide DB? #fidic #contracts #constructionclaims #disputeresolution #claimsmanagement #constructionlaw #constructionarbitration #infrastructure #projectfinance #ppp #ppps #contractmanagement #epc #projects #construction #infrastructure

No one told me this skill would shape my entire career: learning how to disagree. Growing up, I always needed to be right. If I was wrong, I’d sulk. Not getting my way? Not an option. But the real world doesn’t run on “my way or the highway.” Especially not in crossfunctional teams. I’ll never forget my first job out of college. My title? “Ad Master” (yep, horrible, we all agreed). My job? Manage ad placement for our advertisers. And I loved it. I even wrote the manual on how to do it, binders and all. Then we hired new folks. I was training someone and he had suggested a different way to do something. And I snapped. “Um noooo, we are doing it this way.” Instead of fighting with me, he backed down. But later that week, I got feedback from my manager that he found me “difficult to work with” and didn’t want me as his trainer. WHAT?! That moment humbled me and it changed how I work forever. So here are 4 things that I've learned and you should do when navigating disagreement with a teammate: 1️⃣ Listen to understand, not defend. You don’t need to agree, but you do need to be open. 2️⃣ Pause before you respond. You’ll sound less reactive, more thoughtful. 3️⃣ Ask clarifying questions. Not “Why would we do that?” more like “Help me understand what you’re seeing.” 4️⃣ Decide what’s most important. Your ego, or the outcome? Learning to disagree respectfully, constructively, and without derailing momentum is one of the most critical leadership skills. No one talks about it. But it shows up every single day. What helped you learn how to disagree and still move forward?