Offering: mediation, conflict management, facilitated meetings, and planning assistance

contact

Jeanne Franklin
phone:
703.684.3550
fax: 703.533.8977
email: jfranklin@franklinsolutions.net

Franklin Solutions provides assistance to clients, be they individuals, businesses, or groups, by working with them to resolve their specific disputes through mediation, and by helping clients manage conflict so they can move forward productively. Conflict is inevitable; it surfaces in business as well as in so many other areas of human endeavor. Law suits are one form or stage of dispute. Also, dispute can exist more subtly, exerting a corrosive influence upon productivity.

Franklin Solutions helps clients to:  avert or resolve unnecessary conflict; minimize the harmful and costly effects of unresolved conflict by addressing it promptly; harness positive outcomes from substantive disagreement; and, from the clash of ideas and concepts, make new beginnings.

 

news, notes and events

Tuesday
Nov082016

The Longer, Broader View of ADR: Small Changes Can Make a Large Difference

A theme, not too subtle, throughout a number of my blogposts has been that ADR is not a limited service to be used only after a lawsuit is filed or threatened. Early intervention to improve work relationships and management is recognized and used in some quarters. I along with some colleagues have pushed for it in healthcare as therapeutic, cost cuttting, and as a means to preserve human resources. Some large corporations have built concepts into their in-house General Counsel offices with reported success.

ADR law professor, system designer, and thought leader, Nancy Hardin Rogers of Ohio State University's Moritz College of Law (and former Ohio Attorney General), recently shared some of her vast knowledge and fresh ideas in the American Bar Association's Fall 2016 Dispute Resolution Magazine. In an interview there, she recalls the early years of ADR, fighting for its recognition and use by the legal profession. Now that it is increasingly used by lawyers, broadening its application in community, to vexing problems in the public and private sectors is an important, continuing focus of her work. She uses past experiences to underline her point that "...I still believe that even minor process changes can lead to major improvements in people's lives." (at page 22). Practical and hopeful, Ms. Rogers' leadership challenge makes a person want to roll up sleeves and get to it - now!   

Tuesday
Jun212016

Lessons learned: Dispute resolution is too limiting a term for the work we do 

2015-2016 has been filled with challenging work and stimulating experiences.

These are but a few ideas or themes learned from them:

- The scope and depth of culture shift in the workplace is striking. A number of influences (e.g. younger generations and different communication methods) have converged to produce significant alterations or alterations -in-progress to workplace structures, expectations of employment rights and responsibilities, perceptions of performance, beliefs about "being wronged and of wrongdoing." Fresh office designs and meeting styles (how structured, how people participate or behave in them) reflect these developments. Organizations adapting to such shifts in thought while being true to mission and achieving productivity need leadership that can evolve even as it keeps a wise "hand on the tiller and eye on the stars."    

-  There is a sense of speed and heightened creativity in certain industry and workplaces. Somebody has said that ingenuity shows itself more in times of crisis, for example, that the number of inventions and innovations mushrooms during tough economic times. Consistent with that, it appears that there is more and more scientific study and learning being applied to business decision-making.  For example, rising-star intellectual from Harvard Business School, Professor Francesca Gino, (her latest book is, "Sidetracked,") addressed the American Bar Association's Dispute Resolution Section this April to describe some neuropsychology studies that have been put to use in certain companies. One instance is a company with too-high employee turnover, that restructured its orientation or on-boarding process, in light of certain studies, to focus first on new empoyeee needs and interests before teaching new employees about the company. Changing the work environment in that way has notably improved workforce stability - a result that might seem counter-intuitive.

-The work of facilitators, trained in dispute resolution and conflict management, helps people come to terms with rapid changes, need for heightened decision-making, responsive leadership, and of course, differences of opinion that become disputes, grievances, claims. Limiting one's view of a dispute resolver as someone who helps settle already-filed lawsuits is simply too small a view of the resource. Clients looking for various forms of assistance should explore the ways in which a trained facilitator has experience effectively working with clients in different situations. Labels may be misleading and limiting.

- Next up: ask me about studies concerning the important influence of one's sense of fairness.

 

Thursday
Jul162015

And, A Not-So-Last Point

Please allow me to clarify my July 15 blog post references to healthcare dispute resolution. Lawyers and others experienced with ADR as the arbitration or mediation of filed lawsuits might wonder why I speak of dispute resolution and problem-solving in healthcare as a process and set of skills. The full explanation appears in my two part article that was published on September 16 and 17, 2014, "A Mediator's Perspective - Resolving Disputes in a Post-Health Reform World, Parts I and II." It appeared in the September American Health Lawyers' Practice Group Email Alert (for the ADR Affinity Group, and Health Care Liability and Litigation, and Post-ACute and Long term Services Prcatice Groups).

In it, I explain changed expectations for healthcare providers and consumers under the ACA, the changes in attitudes and behavior they require, and what will help people navigate making those changes. Pointing out skills and processes used to good effect in mediation, I discuss how using such skills and process will also improve the quality of transitions and rebuilding a positive, quality culture in health care. Please contact me if you'd like to see the articles and do not eaily obtain them through AHLA (www.healthlawyers.org).

The two part article updates foundational information explained in an earlier article on health care ADR which is posted on this website under the EADR Solutions menu tab.

I welcome your comments and interest. And now, have a good summer! (Perhaps you might think of these articles as a form of beach reading.)