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Negotiation, as a method of Alternative Dispute Resolution (ADR) and
promising first step toward mutual consent, is an important though
seldom formalized aspect of our everyday lives. Greater knowledge of its
process and attendant potential challenges and unique benefits can
assist individuals, business leaders, elected and appointed
officials, association representatives, and nearly any
other entity striving to seek common ground and achieve successful
compromise with an adversary in an affordable, fair, and efficient way. This series endeavors to provide insight into that dim unknown so you may head toward that goal better prepared to defend your interests. When taken together as a sequential collection of complimentary articles, this series intends to help you navigate my unique perspective of the negotiations process from beginning to end. In 2004 I found myself personally faced with a crisis situation involving North America’s largest independent natural gas producer and an on-going toxic leak into a public waterway located on private property. Having spent the previous year immersed in conflict with this multi-national giant over other related issues, I knew the road ahead would be extremely difficult. The eight months following the initial toxic release required my direct and constant involvement with many facets one might associate with a hazardous, highly publicized and political situation involving numerous private individuals, media, regulatory agencies, interested organizations and public officials. The event, with its attendant defenses, evidence and documentation, public outcry and expert testimony, was eventually heard before a regulatory commission, resulting in the largest fine imposed against an oil and gas operator in Colorado’s history. However, civil issues remained unresolved. Negotiation proved a vital component in seeking resolution and drawing this rapid-fire drama to a satisfactory close. The role of alternative resolution dispute, process of settlement and valuable lessons learned along the way in the course of “the little guy” negotiating with a corporate empire are the focus of the David and Goliath series of articles. Throughout this series, and when helpful to illustrate a point, I will reference the industrial scenario above. The tone of these articles tends to reflect the context of that process in working with a notoriously difficult industry and my particular style of negotiations within that context -- an adversarial yet cooperative method of engagement. Not all negotiations will be as dramatic, difficult, complex, or steeped in a fundamentally perilous situation. In determining a personal style, the negotiator should account for their own predominant traits, the parameters of the situation, as well as the means, methods and motives of their opponent. Further, the techniques shared in this series are not exclusive in their effectiveness to the oil and gas industry. They tend to reflect methodologies useful to the broader negotiations environment and within corporate frameworks generally. Following is my Biography as it appears in The Negotiator Magazine, the first on-line publisher of part of this series. "Lisa Bracken is a business communications specialist and owner of Accelerated Innovative Marketing Solutions ( http://www.aimsatyourservice.com ). She is a real estate broker and paralegal (non-attorney) with specialized experience in toxic environmental issues and the oil and gas industry. Ms. Bracken’s experience as a negotiator has grown from working with clients in the field of real estate to working in a personal capacity with the oil and gas industry in individual/corporate negotiations."
I am
available to serve as lecturer; neutral; or negotiation spokesperson in
alternative dispute resolution. Special Acknowledgements
Further, I would like to gratefully acknowledge the insightful editorial suggestions of Dr. John Baker, of The Negotiator Magazine, specifically regarding "Winning and Keeping Media Interest During Negotiations"; "Building and Maintaining Coalitions and Allegiances Throughout Negotiations"; "Become a Persuasive Negotiator Through Better Communication"; "Turn Objections into Concessions and Adversaries into Advocates in Corporate Negotiations"; and, for his formatting recommendations regarding this series generally. and, for his formatting recommendations regarding this series generally.
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Article
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Once they are made available to this site, please look for the David and Goliath Negotiations series of articles presented here. Certain selections can be previewed in advance at The Negotiator Magazine.
Building and Maintaining Coalitions and Allegiances Throughout
Negotiations
Winning and Keeping Media Interest During
Negotiations
Becoming a Persuasive Negotiator
Through Better Communication Turn Objections into Concessions and Adversaries into Advocates in Corporate Negotiations
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The information contained in this and other articles by Lisa Bracken should neither be construed nor relied upon as legal advice. It is provided here strictly as an educational resource. Please seek the advice of qualified counsel to address your specific situation and concerns. All text and graphic-image content of this website is copyrighted by AIMS Accelerated Innovative Marketing Solutions, and/or Lisa Bracken and/or other owners where stated 1995-2010 (present). All Rights Are Reserved. Reproduction and/or Distribution is Strictly Prohibited. For copyright permission, terms of use and other information please visit our legal notices page.
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