Author: WaelBadawy
Myths about Selling
Your online commercializing conflict will include a number of dissimilar methods in different arenas of the Internet. You may have a web site, use an auto responder, post classified ads, post articles, place banner advertisings, sponsor lists and newssheets, circulate press handouts, and much more. Keep in mind, though, that when you are first commencing, it is vital that you concentrate on one facet of your merchandising crusade at a time and elevate it to its fullest degree before proceeding on to the next.
It is more effective to slowly become profitable by concentrating on one event at a time, than to hardly be gainful because you are attacking all of the events halfhearted.
Broaden and spend little sums of money on advertisement for the first time. If you apply a conservative approach, you will not be exhausted financially if an ad doesnít return the sales you were going for. Just keep trying out advertisements as your fund permits until you discover the one that works most effective; then you can roll it out and be positive that you are going to earn money rather than lose it!
If you have a lot of contest, state that you will respect all of your competitionsí vouchers and/or rebates; use “theirî advertisement to your advantage.
An antique problem in business sector is accumulating final payment for services delivered. As a business possessor, you need to be tended for “difficultî customers and “moochesî by exercising such matters as
In your contract or sales arrangements, state the interest rates and late fees that will be assessed if payment is not received within 30 days of completion.
Compose form letters to be used for accumulating the remainder. There should be three letters in total — one after the payment is ten days late, another after twenty days, and a third that lets the client know that youíll be turning their account over to a collection authority (or taking them to small claims court).
The third letter should not be sent until 45 days after the payment is late. And of course, never bluff. If you say you will turn it over to a collection agency, do so.
The best way to protect yourself is to take payment thru credit card. State to your customer that you will bill their credit card one third of the entire cost as an initial down payment, another third just after you have passed the 50% closing period, and the final third on delivery. Or use the two-payment system – half at the introduction of the task and the balance upon completion.
One more thing. You are free to use this article on your website provided that it stays unaltered and the links in the resourcebox is live, search-engine friendly links.
DO NOT STEAL. IT IS NOT WORTH IT.
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Is Entrepreneurship For You?
Starting your own business can be an exciting and rewarding experience. It can offer numerous advantages such as being your own boss, setting your own schedule and making a living doing something you enjoy. But, becoming a successful entrepreneur requires thorough planning, creativity and hard work.
Consider whether you have the following characteristics and skills commonly associated with successful entrepreneurs:
- Comfortable with taking risks: Being your own boss also means you’re the one making tough decisions. Entrepreneurship involves uncertainty. Do you avoid uncertainty in life at all costs? If yes, then entrepreneurship may not be the best fit for you. Do you enjoy the thrill of taking calculated risks? Then read on.
- Independent: Entrepreneurs have to make a lot of decisions on their own. If you find you can trust your instincts — and you’re not afraid of rejection every now and then — you could be on your way to being an entrepreneur.
- Persuasive: You may have the greatest idea in the world, but if you cannot persuade customers, employees and potential lenders or partners, you may find entrepreneurship to be challenging. If you enjoy public speaking, engage new people with ease and find you make compelling arguments grounded in facts, it’s likely you’re poised to make your idea succeed.
- Able to negotiate: As a small business owner, you will need to negotiate everything from leases to contract terms to rates. Polished negotiation skills will help you save money and keep your business running smoothly.
- Creative: Are you able to think of new ideas? Can you imagine new ways to solve problems? Entrepreneurs must be able to think creatively. If you have insights on how to take advantage of new opportunities, entrepreneurship may be a good fit.
- Supported by others: Before you start a business, it’s important to have a strong support system in place. You’ll be forced to make many important decisions, especially in the first months of opening your business. If you do not have a support network of people to help you, consider finding a business mentor. A business mentor is someone who is experienced, successful and willing to provide advice and guidance. Read the Steps to Finding a Mentor article for help on finding and working with a mentor.
Still think you have what it takes to be an entrepreneur and start a new business? Great! Now ask yourself these 20 questions to help ensure you’ve thought about the right financial and business details.
Make Big Money On Your Book – 10 H*O*T Tips
Wouldn’t it be nice to write a book, get paid handsomely for it and be considered a top expert all at once? It’s possible–if you know the rules.
1. Study the publishing industry.
Today celebrity books rule. Books that catch a quick trend come in second. Take chick lit, for example. Nobody cared about hip books for women ten, or even five years ago. But women buy the majority of books–and actually read them. It’s not to say that other book genres aren’t viable. Of course they are. The big categories of fiction and non- fiction will live on forever. But even self-help is on the wane according to some sources. And, as a literature savvy friend of mine said, *Plots are passe.* There’s much more to know about the industry. Like what agents look for and how publishers decide on what will be profitable.
2. Understand that publishers don’t buy books, they buy ideas.
Many new authors think they need to write a book to sell it. Not so. You develop an idea (fiction excluded) and give publishers a taste of what’s to come. They decide whether your idea has a large enough market for them to make money on it. You must prove, without a doubt that they can. Lots of it.
3. Think of your proposal as the business plan for your book.
Map out the life of your book in the marketplace for the next five years. Plan on devoting at least that much time to promoting it.
4. Have a huge platform.
A platform is simply YOUR ability to sell books to the audience that you have said will buy–from you. Are you already a *personality* people recognize and love? How many organizations, companies, groups do you speak to every month? Do you write regularly for newspapers, magazines or the Internet? Do you have prestigious clients who can sell your books in bulk to their corporations? You get the idea. You must *look* like a mover and shaker in your field.
5. Be a media star.
If you’re not already a familiar face on TV, a vivacious voice on the radio or a person who appears in print often, not to worry. If you can show you have the potential to become a star, that’s a start. Maybe you’ve been on local TV and had rave reviews. If so, mention that.
6. Speak.
A major publishing house hired me to media coach one of their rising star authors. Her book was getting major national press–but she was dull. And they were worried that her lackluster personality would effect her book sales. We worked until she got comfortable on camera while talking vividly in 15 second soundbites.
7. Get media coached.
With some media coaching you can morph into a mediagenic maven. But it does take practice and sincere commitment. You can work on your pizzazz factor by studying great interviewees and modeling the behaviors you liked. If you canít afford a media coach, get out that video camera and do mock interviews with friend. A lot can be revealed and ironed out just by seeing how you appear to others on the big screen.
8. Develop your platform.
When I interviewed editors at top New York publishing houses like Simon & Schuster & HarperCollins they told me repeatedly that the most important thing a writer can have today is a strong *platform.* A platform is a plan of how you are going to reach your audience to sell books.
Prove you have a following. Publishers want to know who has bought your books or products in the past– and they want to know how many. Can you show that you have a track record of selling your goods to people across the globe, or at least in your community? Maybe youíre not as far along in your career as one of my clients who is a $12,000 an hour speaker who put in his proposal the fact that his audiences range from 100-10,000 people, and he speaks 250 times per year.
His speaking bureau typically sells his video and audio tapes to those audiences in advance when they book his talk. What you want to show is how you can secure sales in large quantities to people you know will buy from you–because they have bought already. Or how audiences similar to the ones who have purchased are primed to buy your book.
9. Get high profile endorsements.
To instantly establish your stature put these accolades on page number one so theyíre the first thing an agent or editor sees. Endorsements need to be from celebrities, best- selling authors and well-known experts in your field.
Show that youíre respected in the world. Endorsements show that high-level people believe in you, that youíre a good bet. They also go on your book cover jacket and help sell your book–and in todayís competitive marketplace itís essential. Donít say youíre *actively seeking endorsements.* Leading with the endorsements makes sure an agent or editor gets that youíre a big shot–or soon will be.
One secret that many authors donít know is the best blurbs are written by the writers themselves. Donít expect famous people to read your tome. They donít have the time or the desire. And please donít send it to them unsolicited. Ask permission. Then do the work for them and ask them to sign off on that perfect gem–the one youíve written–touting the marvels of your work.
10. Your sample chapter.
Once youíve established that the author has some sort of a platform, that they have some voice in the world beyond their circle of friends, I go straight to the sample chapter.
Prove you can write. *I want to know if they are a good writer, because an agent can tinker away with the rest of the proposal and make it sound really good,* says Kelly Notaras, a Senior Editor at Hyperion.
What if youíre not a great writer? Hire a ghost writer. Remember platform is non-replaceable. You, the personality, the presence, is what theyíre investing in. Good writing can be bought. Star quality canít
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Marketing to Marketers
Marketing to other marketers to make it easier to make money is great but many of the buyers never use the products and just try to pawn them off on other marketers. So you wind up with all these people selling scripts, programs, eBooks, and more to other online marketers and they profess how great they are without ever using them. They are just trying to make a buck as an affiliate of someone else’s idea.
I am all for new marketing ideas especially the ones that automate tedious tasks. I love submitting articles and use an auto submitter. RSS feeds provide news to my sites. Automatically creating links to Clickbank items based on keywords in my blogs is a godsend.
But, to me, if people donít use these products and just pimp them to others, they are missing out on the long term benefits for a quick buck.
I admit that I have done this in the past and may do it again in the future ñ but ñ I only sell products that I actually use and approve. That way I can actually vouch for them since I have used them and can speak from personal experience.
Personally, I prefer to market to the average Internet Joe. I market to people who are looking for a deal on a credit card (and I use a super script to keep my site current). I recommend hotels in Thailand and can speak from first-hand experience. I post links to hotels in Thailand forums and also have 6 Thai affiliate hotel sites.
I also write articles about Thailand and list my hotel affiliate links in the author’s resource box. These are pretty easy to write since I have been traveling to Thailand for over 30 years.
I also write the occasional marketing or credit article to get some traffic to those sites. I have about 10 article sites and advertise on those sites that others submit their articles to.
I would rather make a few bucks marketing a product to people who are actually going to use it instead of marketing to someone who is only going to try to sell it to someone else.
All of this is just my personal opinion. There is nothing morally wrong or illegal of marketing to marketers. I use many of the items that are up for sale, especially those that make my life a little bit easier.
The one thing that I do object to is the folks that market to others and make false or misleading statements indicating that they use the product and how wonderful it is when they have never used it and just want to make a buck.
Anyhow, keep coming up with all those great products that marketers can use to make our lives easier. Just market them honestly.
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Increasing Link Popularity the Gateway to the Internet
Search engines are the gateway to the Internet; they are
the first tool that potential customers use to find the
products and services they need. This is why link
popularity is so imperative. If the customers do not find
your website, you have no possibilities of making any
sales.
You’re probably wondering what the blazes is popular about
a link! Well, in a word – plenty! Link popularity refers to
the ranking assigned to your website by the search engines,
and it determines the ranking your page gets when keywords
are entered into a search engine. So, you’re probably
wondering, how do I make my link popular?
Search engines are discretionary, giving status and ranking
to sites that have links to their pages from related,
quality sites. It’s a simple formula, but a very important
one. Google created the system, and now virtually all the
most popular search engines employ it to rank your web
pages in their indexes.
The more commonly used your keyword is, the harder it will
be to achieve link popularity, but without achieving this
step, it is almost certain your site will never rank highly
on any search engine. But don’t be discouraged; there are
tried and true ways of achieving link popularity using the
most competitive keywords.
There are a few things you should be aware of. The first is
that just linking up with a large number of other websites
will not achieve link popularity. In fact, it may have
quite the opposite effect. This is particularly true when
pertaining to websites that are nothing more than “link
farms” – pages containing line after line of indiscriminate
links. Search engines may aggressively discriminate against
your website if you are associated with a link farm, so
steer clear of them!
The next thing to bear in mind is the quality of the site
you are linking to. Never link to a page you have
reservations about your visitors seeing. The last thing you
want your website to appear as is indiscriminate and cheap.
Linking to sites of poor quality will only lessen your link
popularity, if not completely destroy it.
So let’s get to what you need to do to achieve supreme link
popularity and improve your rankings to stellar status on
all the popular search engines.
The first step, and the fastest way to get your foot in the
door, is to get a listing in a popular directory, such as
Open Directory Project and Yahoo. If your site is
business-related, you will want to be listed on Yahoo, and
despite the fact that it will cost you around $300 a year,
it will be money well spent. If your site is
non-commercial, the listing will be free, but it will take
time and follow-up to actually get it listed. Open
Directory is gives you a free listing whether you are
business-related or non-commercial, but be prepared to make
a lot of follow-up inquiries before you see your site
listed.
You are aiming to get listed in the highest level of
appropriate category, and this just takes some common
sense. For example, if your company ships Alpaca wool from
an Alpaca farm located in the middle of Nowhere, Tiny
State, do NOT submit your listing to “Retailers from
Nowhere, Tiny State.” BIG MISTAKE! All you have to do is
look a little deeper – and submit your listing to the “Fine
Alpaca Wool” category. You will not only associate yourself
with culture and quality, but you will be listed in a
national category.
The next step after you have attained directory listings is
to locate other quality sites that will increase your link
popularity. Try to find sites that are in some way related
to yours, so not only will your link popularity increase,
but your customer base may also be expanded. You want to
avoid your competitors and look for sites that are useful
to your site’s visitors. Let’s look at the Alpaca Wool site
example. Linking up to a site that sells knitting supplies
would be helpful to your visitors, and the chances of the
knitting supply site wanting to link up to your site are
also greater. By linking to a related site that will be
relevant to your website’s traffic, you are increasing both
of your site’s business prospects – and both of your sites’
link popularity.
Not all sites want to link to other sites, so you will have
to do some research when you are looking for possible
linking partners. Google is an excellent starting place for
your search. Make sure you enter keywords that you think
quality customers will also enter to find your own site.
Remember, your criteria are quality, highly ranked,
non-competing websites that have a links or resources page.
Go to these sites and objectively assess them. Look at the
quality of the product, the graphics, and the ease of use.
Then check out the other sites they are linked to, and
determine if your own site would fit in with the crowd.
When you decide you have found a good prospect, you must
set out to woo them. The first thing to do is to add a link
on your own links page to their site. This is an essential
first step; it shows good faith, and ups your chances
significantly of their reciprocity. After you have added
their link, you must contact the webmaster of their site.
Since this is almost always done by email, you want to make
sure it is immediately clear that your message is not junk
mail. This requires that you tell them right off the bat
that you have added a link to their page on your site. A
hook like this almost always insures the reader will read
on.
Next, be sure to be flattering and let them know how much
you appreciate their website. Make sure you emphasize that
you have actually visited their site, and that their site
is not just a random pick. Give them the address of your
links page, and ask them to check out the link for
themselves. It’s a good idea to mention that they will not
only benefit from the increased traffic your website will
direct their way, but you will also increase their link
popularity. Briefly, explain why link popularity is so
essential, but do this in a sentence or two so you don’t
sound like a professor! Finally, tell them you would
greatly appreciate if they would reciprocally add a link on
their own links page to your website.
Go through this process with as many appropriate sites as
you can find, bearing in mind the criteria of quality and
non-competitiveness. After you have emailed all relevant
sites, be sure to check these website frequently to see if
they have added a link to your page. Give it about a month,
and if no link appears, try another charming email. Then
give it another month, and if your site is still absent
from their links page, it’s time to remove their link from
your own links page. The only time you want to pursue a
link further than this is if you believe a site is crucial
to your link popularity and your business needs. Just
remember to keep all your communications complimentary and
cordial.
Then set up a schedule to check your ranking in search
engines frequently to see if your link popularity has
improved. This is not achievable in the blink of an eye. It
will take some time and a good deal of work. There is no
way around the labor-intensive quality of improving your
link popularity, which is why search engines regard it with
such importance.
By the way – make sure you have a beautiful, streamlined
site or you will never persuade anyone to link up to you.
Be prepared to keep plugging away at this process, as long
as it takes, until you achieve link popularity stardom!
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How to Make Your Business Plan Stand Out ?
One of the first steps to business planning is determining your target market and why they would want to buy from you.
For example, is the market you serve the best one for your product or service? Are the benefits of dealing with your business clear and are they aligned with customer needs? If you’re unsure about the answers to any of these questions, take a step back and revisit the foundation of your business plan.
The following tips can help you clarify what your business has to offer, identify the right target market for it and build a niche for yourself.
Be Clear About What You Have to Offer
Ask yourself: Beyond basic products or services, what are you really selling? Consider this example: Your town probably has several restaurants all selling one fundamental product—food. But each is targeted at a different need or clientele.
One might be a drive-thru fast food restaurant, perhaps another sells pizza in a rustic Italian kitchen, and maybe there’s a fine dining seafood restaurant that specializes in wood-grilled fare. All these restaurants sell meals, but they sell them to targeted clientele looking for the unique qualities each has to offer. What they are really selling is a combination of product, value, ambience and brand experience.
When starting a business, be sure to understand what makes your business unique. What needs does your product or service fulfill? What benefits and differentiators will help your business stand out from the crowd?
Don’t Become a Jack of All Trades-Learn to Strategize
It’s important to clearly define what you’re selling. You do not want to become a jack-of-all trades and master of none because this can have a negative impact on business growth. As a smaller business, it’s often a better strategy to divide your products or services into manageable market niches. Small operations can then offer specialized goods and services that are attractive to a specific group of prospective buyers.
Identify Your Niche
Creating a niche for your business is essential to success. Often, business owners can identify a niche based on their own market knowledge, but it can also be helpful to conduct a market survey with potential customers to uncover untapped needs. During your research process, identify the following:
Which areas your competitors are already well-established
Which areas are being ignored by your competitors
Potential opportunities for your business
How To Sell Your Books On Radio
When my book was published I participated in eleven 15-minute live interviews on local radio over a period of just five days.
The results were highly encouraging; the book leapt from nowhere on Amazon.co.uk to position 194 out of 3123 competing titles and eventually grabbed the No.1 spot for its core keyword (retirement) where it remained for nine months.
I am shortly to repeat the broadcast exercise for my newly published tome but before doing so I am already off to a head startÖ
Although this title does not hit the bookstores until Monday 8 May 2006 it already ranks at No.47 out of 3453 competing titles on Amazon.co.uk ñ which means of course that the book is already selling in big numbers online ñ thanks largely to the success of its predecessor and the initial boost it got from radio promotion.
These promotional interviews are arranged by my publisherís media consultancy and I do not require to visit a single studio to take part; they are all conducted over the telephone, sitting at my desk at home.
So what if you self-publish your output and you donít have a publicist to arrange radio interviews?
Does that mean you are excluded?
No way; I have self-published several books in the past and managed my own promotion.
Wherever you live in the world youíll find that the majority of local radio stations are banded together into a single network for cost-effectiveness.
Here is what you do
1. Identify the controlling network;
2. Visit the corporate website containing links to all subsidiaries;
3. Pick out those stations within a 500/1000 mile orbit;
4. Visit each local station website individually;
5. Scan the daily programming schedules;
6. Highlight those programs that might identify with the topic of your book;
7. Note the presenterís name;
8. Email him/her with a well-couched request for a live interview;
9. Follow that up with an identical snail mail request;
10. Follow that up with a telephone call (youíll get to speak to someone in authority).
You know your topic inside out; speak up with confidence and youíll get your interview; maybe not straightaway but, if you sell yourself and your project professionally, youíll be logged into and up-and-coming slot in the station scheduling.
Go for it is free!
I will be reporting in a subsequent article on the outcome of my latest batch of broadcasts.
In truth though there is more to creating bestselling books than spieling about them on radio and if youíd like to learn how I manage to produce bestsellers consistently, visit the website featured in the resource box below.
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Leadership Is Based On Values – Abilities of a Bigger Leader
When we study on abilities we learn, of well simplist form, that ability is the set of knowledge, abilities and attitudes. If we go to the dictionary we can verify that the attitude is the way to proceed, to act, the behavior.
Thus being, we can affirm that the part most important of the ability its in our position. When the companies elaborate its pictures of abilities essences, those that represent its mission, principles and values, there see a series of earnings of the organization in relation its collaborators: enterprising capacity, focus in results, taking of decision, negotiation, leadership, creativity and as much others.
But, an important question fits: it will be that these abilities are really essential? If to consider the attitude as basic principle of the ability, the waited behaviors would not have more to be valued? Evident that we need professionals with focus in results, skillful negotiators, creative, enterprising, that they know to work under pressure, but we urgently need leaders with behaviors that impactem more significantly in the businesses or, at least, to give to the abilities accented connotations more.
We would have to try, in our companies, people capable to be:
* Humble
Humble not just to learn, unprovided of arrogance that the learning, humble only blocks to hear and to understand, humble to focus main and accessory, humble it not to share the knowledge, humble to understand that the weight biggest of the existence not to be in HAVING and yes in the BEING. And is good that if it does not forget that humbleness is a virtue.
* Intelligent
Intelligence that goes beyond the capacity diagnosising, to foresee scenes future, to analyze situations for different angles, that go even though beyond the ability interacting with the most diverse people, controlling impulses, to express feelings. She is necessary to sharpen intelligence spiritual, not in the direction of religiosity, but the intelligence that searchs the illumination, that searchs the wisdom, a directed intelligence to be better. As Mahatma Gandhi it wrote: “When an only man arrives at the fullness of the love, it neutralizes the hatred of many millions”
* Responsible
Not it responsibility demanded for the companies, who we are not more of the one than obligation, but responsibility for each said word, for each revealed gesture, each taken action, commentaries made for the coasts, would say more, responsibility even for our thoughts. We learn in the science that no energy if loses, all are changedded. Then, why not to place in our daily relations something that is not taught in books and nor in the schools, a little of pleasantness in the behavior, all the moments, all the levels, daily and for the entire life?
* Human being
We are human beings, we possess intelligence that in them makes superiors to other beings livings creature. The proper word human being always is associated with the goodness, to the benevolence. Then, a great leader must HUMAN BEING.
Somebody that either capable to love fully without being servile, somebody that the pardon understands and practises, that either capable to fully hear the other in a delivery attitude, that can act for internal certainty, to be sensible without to be piegas, capable to act with ethics and respect, capable to celebrate the victories and conquests unconditionally and for an obligatory one not to have, capable to review its values, capable to change its thoughts, capable to carry through a intramudanÁa, capable to give to the light itself exactly. It is important to know that the attitude, crucial point of the ability, depends exclusively on the individual.
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How To Get Your Book Reviewed In Magazines
In one of my past magazine jobs my office was next to that of the book editor. He would get boxes and boxes of books daily. There was a separate room devoted to storing these books, but that still didn’t keep them from piling up in his office. Whenever he returned from vacation he practically had to use a bulldozer to get his door open!
You see the problem, right? How do you get your book noticed, let alone reviewed, when it is just one among stacks of books in an editor’s office? Here are a few tips to help you map out a winning strategy.
1. Determine which magazines are the best for reaching your target market.
As you plan to market your book, decide first who your ideal reader is. Is it a 35-year-old urban professional man? Is it a stay-at-home mom who lives in the Midwest? Is it female college graduates who also happen to be sports fanatics? Once you decide who you’re targeting, ask yourself: What magazines does my ideal reader read? Those will be the magazines you’ll focus on. That way, you won’t waste time and money pursuing dozens of magazines which, even if they did review your book, wouldn’t give you much in terms of gaining readership. With my novel we focused on magazines with large female audiences. Ideally you should be doing this a few months before your book comes out because the goal here is to either write a story for the magazine or get interviewed in the magazine, and have the article appear before or just as your book is published.
2. Find out what the editors need.
When you have chosen the magazines, buy them and read them. Do they have a certain writing style? What kinds of articles appear in the magazine again and again? If you can, write, email or call the features editor and find out what kinds of stories the magazine is looking for. You’ll have more success if you can fill the editorial holes the magazine is already working on.
3. Let an editor know what you have to offer.
Start sending query letters to get article assignments. If you have a particular expertise, you can let an editor know that you’re available for interviews if they ever need an expert on a particular subject. Often an editor will assign a story to a writer and give them a few possible interviewees to help them get started. I contacted editors at Essence a full year before my book came out to let them know that I was working as a personal and career coach. Within a few weeks I began getting calls from reporters to interview me for working mom stories for Essence.
4. Mention your book or get it mentioned.
When your article gets published, make sure you get the little italicized blurb at the end that says that you are “a writer whose next book, The Best Book in the World, will be published this month by Big Press, Inc.” You get the idea. If you are being interviewed for an article, chances are they won’t have room to mention your book but you should still tell the reporter about it anyway. You can even ask them to put it in their notes. As the story gets discussed in meetings, someone might say “Did you know she also wrote a book?” This builds awareness.
5. Check in with your contacts, but don’t pester them.
Once your book is sent out for review, you can call or email to make sure that the editor got the book, but leave it at that. You’ve done all you can. I’ve never met the book editor at Essence, but when I heard that he was aware of my novel I was totally psyched. I kept my fingers crossed after that. You can see the review here. One last note: Some magazines and newspapers don’t review self published books. Find out beforehand so you can make your efforts elsewhere if that’s necessary.
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Why Mediate or Arbitrate?
The Price of anything is the amount of life you pay for it. – Henry David Thoreau
Why Mediate or Arbitrate?: Participants in mediation or arbitration voluntarily submit to these processes. People who arbitrate or mediate realize that conflict has its costs. Costs include:
Financial Price
o Attorney Fees
o Lost Productivity
o Time Lost
Physical Price
o Stress-related Illness
o Accidents
o Lack of Sleep
Intellectual Price
o Adversarial Assumptions
o Mistakes
o Failures
Emotional Price
o Anger
o Distrust
o Fear
o Grief
o Pain
Social Price
o Broken Relationships
o Distracted from Meaningful, Desired Relationships
o Risk of Escalation
o Loss of Family
Spiritual/Heart Price
o Surrendering to Bad Character
o Imbalance
o Values Warped
o Loss of Joy, Love and Hope
Systemic Price
o Dysfunction
o False Polarization
o Lost Opportunities
You have better things to do. Through mediation and arbitration, you can control and reduce the costs of conflict. Parties to mediation and arbitration can control the time it takes to resolve a dispute.
Consider the alternative. Litigation can be forced on a person. If you are sued you have to respond or you will suffer an adverse judgment. Attorneys must be hired. Litigation is an adversarial process in which each party attempts to out maneuver and gain the upper hand. Conflict, with is costs, escalates. The court imposes its deadlines. The parties have little control of the costs, timeline or outcome. In the end, the Court imposes an outcome which might not meet the needs or desires of either party. In litigation the parties lose control. In mediation the parties retain control over the outcome.
When litigation is threatened or even after it has started, you can always suggest the alternatives of mediation or arbitration or a court appointed referee.
What is Mediation? Mediation is facilitated negotiation. Mediation seeks a mutually beneficial solution. Parties discuss their values and motivations. Solutions evolve as parties understand each other, gain knowledge and explore resources. A trained mediator facilitates the meetings. The mediator remains neutral and does not make decisions for the parties. The dispute is settled only if parties are in agreement.
Is Mediation Effective? Studies of mediation of domestic disputes show 95% of participants did not believe mediation would work before they began. Yet 71% reached agreement on some, if not all, the issues they faced. Doubt is normal and does not predict the outcome of mediation. Divorced couples who had a judge decide the outcome of their divorce are 7-8 times more likely to bring future disputes to the court than those who mediated.
Is Mediation for Everyone? If a person is afraid to be in the same room as the other party or does not feel able to speak up or disagree with them, mediation might not be appropriate. Such concerns should be shared with the party’s attorney and mediator before mediation sessions.
What Happens During Mediation? Generally the mediator opens the session with an introduction. Rules for the discussion are established. Issues are identified. The parties may be invited to state what they want and why. Discussions follow. The mediator summarizes agreements reached.
Types of Mediation: The extent to which the mediator directs the outcome of mediation varies from mediator to mediator. On one end of the continuum are mediators who refuse to interject their opinions into the process. On the other extreme a mediator might evaluate the evidence and arguments of the parties and recommend a specific outcome. In some mediation sessions the parties stay in constant contact with each other. In other mediations, the mediator uses a process called caucuses. A caucus is a meeting with the mediator and just one side to the dispute. The mediator may shuffle between separate rooms where the parties are and communicate information, listen, ask questions and discuss the arguments and evidence presented by the other side. The type of mediation used depends upon the mediator, the issues to be decided, and the desires of the parties.
What is Arbitration? Arbitration has been described as “rent a judge.” A neutral person is hired who reviews evidence and renders a decision. Under Iowa law, an arbitrator’s decision can become a decision of a court and is enforced is a similar fashion. Subpoenas are available to compel witnesses and evidence to be brought to the arbitrator for decision.
What are the Advantages of Arbitration? Some of the benefits of Arbitration include:
a) The parties can agree to control the costs and time necessary to resolve a dispute;
b) Arbitrators are legally trained to make judicial decisions based upon law and evidence. The risks of a biased or an emotionally driven decision is less when compared to juries.
c) An Arbitrator can also be asked to investigate and collect the evidence. The costs and time necessary for a dispute is greatly reduced. See the article on Investigative Binding Arbitration.
d) Arbitrators with special technical expertise can be hired to reduce the risk of error.
e) A case can be handled piecemeal. For example, in an auto accident case the arbitrator can first determine if the defendants are responsible to pay any damages. Only if a defendant is responsible will there be need to incur the cost of presenting additional evidence about damages.
f) The parties can agree to a less formal process and allow evidence to be presented by summaries, reports, or other convenient means.
Referees can play an important role high conflict divorces. Since parties share parenting responsibilities even after the divorce, the potential for ongoing bitter disputes and new disputes is great. In high conflict divorces, the parties find it impossible to resolve minor disputes. The cost and delay of going to court results in escalation of conflict as the parties battle against each other for control and influence over the children. The children suffer in the midst of parental conflict. The court can give a referee authority to hear, investigate and decide such disputes. Decisions can be made in days rather than 7 to 12 months it normally takes in litigation.
In summary, to avoid investing an undue amount of your life in conflict, try mediation, arbitration and special masters.