When Things Go Wrong

Conflict and Dispute Prevention for YESCO Account Executives

Conflict and Dispute Prevention Themes and Goals

• Methods of Dispute Resolution• Communication and

Documentation• Escalation of Disputes• Case Studies

Conflict and Dispute Prevention | Account Executive Training

SECTION 1Methods of Dispute Resolution

Two Methods of Dispute Resolution

1. With Lawyers2. Without Lawyers

SECTION 1 | Methods of Dispute Resolution

Conflict and Dispute Prevention | Account Executive Training

Dispute Resolution with Lawyers

1. “Vigorous representation”2. Mediation (non-binding negotiation)3. Arbitration (contracted judge)4. Litigation (go to court)

SECTION 1 | Methods of Dispute Resolution

Conflict and Dispute Prevention | Account Executive Training

Legal Rates

1. Partner ($275 - $400 + / hour)2. Associate ($175 - $275 / hour)3. Paralegal ($90 - $150 / hour)

SECTION 1 | Methods of Dispute Resolution

Conflict and Dispute Prevention | Account Executive Training

Dispute Resolution Without Lawyers

1. Working it out business person to business person.

2. Usually saves time, money, and the customer relationship.

3. You deal with people with authority.

SECTION 1 | Methods of Dispute Resolution

Conflict and Dispute Prevention | Account Executive Training

SECTION 2Communication and Documentation

SECTION 2 | Communication and Documentation

Conflict and Dispute Prevention | Account Executive Training

A two-way exchange of

information with a shared

understanding.

Find Out:What the problem is:

1. What happened?2. How did it happen?3. Who are the people involved?4. Who may be at fault?

The solution:1. What does the customer want?

Refund? Repair work? Something for nothing? An apology? To be heard?

2. What can we do to satisfy the customer?

SECTION 2 | Communication and Documentation

Conflict and Dispute Prevention | Account Executive Training

SECTION 2 | Communication and Documentation

Conflict and Dispute Prevention | Account Executive Training

Communication Do’s and Don’ts

Do:

1.Listen until the customer acknowledges that you understand.

2.Be sure you are talking with the right people.

Don’t:

1.Become angry or emotional.

2.Make assumptions.

3.Over promise and under deliver.

4.Act without authority.

SECTION 2 | Communication and Documentation

Conflict and Dispute Prevention | Account Executive Training

Documentation Do’s and Don’ts

Do:1.Be factual, concise, professional, and timely.

2.Make a record of conversations and meetings.

3.Confirm agreements and understandings in writing.

4.Respond to correspondence in the same manner it is sent (i.e., if you receive a letter, respond with a letter).

Don’t:1.Don’t destroy documentation if a dispute arises or is expected to arise, even if it might implicate liability for YESCO.

2.Fail to respond in writing to a written communication.

SECTION 3Escalation of Disputes

Timeline of Disputes – As time goes on:

• Disputes become more costly• Disputes become more risky

SECTION 3 | Escalation of Disputes

Conflict and Dispute Prevention | Account Executive Training

Control Cost and Risk by Resolving Disputes

Quickly

SECTION 3 | Escalation of Disputes

Conflict and Dispute Prevention | Account Executive Training

Going up the “chain of command”• Account executive• Project manager• Sales manager• Key Three• President/VPs• Legal

SECTION 3 | Escalation of Disputes

Conflict and Dispute Prevention | Account Executive Training

When to involve legal counsel:

• You receive a letter from a lawyer.• Significant financial exposure exists.• Legal interpretation of documents is needed.• Other.

Management has the primary responsibility for dispute resolution.

SECTION 3 | Escalation of Disputes

Conflict and Dispute Prevention | Account Executive Training

SECTION 3 | Escalation of Disputes

Conflict and Dispute Prevention | Account Executive Training

DON’T PASS BLAME OR IGNORE

THE PROBLEM AND HOPE THAT IT GOES AWAY.

SECTION 3 | Escalation of Disputes

Conflict and Dispute Prevention | Account Executive Training

SECTION 3 | Escalation of Disputes

Conflict and Dispute Prevention | Account Executive Training

SECTION 4Case Studies

Case StudySECTION 4 | Case Studies

Case StudySECTION 4 | Case Studies

Conflict and Dispute Prevention | Account Executive Training