N E W S R O O M - Business Mediation Solutions

Business Mediation Solutions, LLC Provides Business Conflict Management Services

Photo by Jodie Andruskevich
Scott Flegal, seen here holding one of the “tools” he uses at Business Mediation Solutions, LLC to help parties to break impasse in mediation sessions, says that a sense of humor is an important attribute for a good mediator. “Humor, used with discretion, can help parties to relax and stay focused on resolving the dispute,” says Flegal.

NASHUA, NH - March 2004 - Scott Flegal considers himself to be one lucky attorney. When he was looking for a job as a new lawyer in New Hampshire in 1985, he had no knowledge of Nashua whatsoever. “I knew I wanted to be in New Hampshire”, Flegal says, “but it was really coincidence that landed me in Nashua. I love it here. I was lucky enough to be hired right out of law school by a reputable Nashua firm that did great work and had great fun.”

Flegal says that his early experience as a lawyer provided him with excellent mentors. “I learned early on at that firm that my job as a lawyer was really about solving problems for my clients. I was taught right out of the blocks that clients were people with practical problems that required practical advice. Problem solving is the part of my job as a lawyer that I most enjoy.” It is this desire to provide clients with practical solutions to their problems that caused Flegal to form his new venture, Business Mediation Solutions, LLC.

Business Mediation Solutions, LLC provides business conflict management services. Its primary focus, says Flegal, is to “use mediation and mediation techniques to help people solve business conflicts and disputes.” Flegal, who has been studying negotiating techniques and using mediation as a tool in his law practice for years, is convinced that mediation works. “I’ve seen it work over and over again, in a variety of business situations,” says Flegal. “Businesses are learning that there are more efficient and effective ways to deal with conflict than filing a lawsuit. Mediation gives the parties an excellent chance to solve their business conflict privately and efficiently.”

“Some cases need to be tried,” says Flegal. “Some cases won’t settle. There will always be a need for excellent trial attorneys. But I think by now it’s pretty clear that our court system doesn’t always provide the best solution for parties involved in a business conflict. It’s expensive; it’s inefficient. And by design, it’s adversarial.” Flegal says that in today’s world, this creates a fundamental problem for businesses. “Relationships are more important than ever,” he says. “Litigation usually destroys relationships.”

Business Mediation Solutions, LLC offers mediation services to companies that can be used to resolve disputes long before a lawsuit is filed. “Why not talk first?” says Flegal. “The statistics show that 90% of all cases settle before trial. That means that an awful lot of money is being spent by businesses preparing for an event that is probably not going to happen. Why not spend some of that money trying to resolve the dispute, instead of arming yourself to fight a war that probably won’t be fought?”

Flegal says that in a typical mediation, the parties and their lawyers agree on a mediator, and then establish the ground rules that will govern the mediation. “The choice of mediator is important,” says Flegal. “The parties need to know that the mediator is impartial and trustworthy. The mediator needs to have the ability to understand the law and the facts, and must have good people skills. Strong negotiation skills are a necessity, as are good problem-solving skills. Finally, the mediator needs to be patient and tenacious. A sense of humor helps as well!”

As a mediator, Flegal says he regularly draws on his 19 years of problem-solving experience as a business lawyer. But he says that this experience alone does not make him a good mediator. Flegal believes that good training is a must. “There is a tendency among lawyers to believe that if they are experienced and know the value of a case, they are good mediators. But that isn’t always the case. Good mediators draw on their experience as lawyers, but they possess an additional skill set to help them facilitate settlement. They are trained in the art of facilitating negotiations, and are equipped with “tools” that can be used to help break impasse. With the right help from the mediator, the parties can overcome impasse and reach agreement.”

Flegal, who serves as a court-appointed mediator in the New Hampshire Superior Court, recently attended the American Bar Association’s Advanced Mediation and Advocacy Skills Training in Philadelphia. In June, he will attend a week-long intensive Mediation Workshop in the Harvard Law School Program of Instruction for Lawyers. “I’m looking forward to that,” said Flegal. “It’s probably the preeminent mediation training program in the world, and it’s right in our backyard. I was very fortunate to get into that program - I can’t wait to go.”

Flegal believes that there are a number of markets where Business Mediation Solutions, LLC will be particularly effective. “I think mediation is particularly well-suited for resolving disputes in certain areas like family businesses, for instance”, said Flegal. Other areas where he sees potential include disputes involving municipalities, hospitals, franchises and intellectual property. “Basically, Business Mediation Solutions, LLC will be there to offer help in resolving any conflict where the parties have meaningful shared interests that are being threatened. That encompasses a lot of disputes in this day and age. I want to help the parties to business disputes reach business-driven solutions.”

Flegal is well-known in the Nashua business community. He was recently honored by the Chamber as the first recipient of its Eminence Award as Nashua’s Business Person of the Year. “It seems like the right time to launch this venture,” says Flegal. “There is a substantial trend nationwide toward collaborative problem-solving. We have the physical plant in our new space to host most mediations right here on Main Street in Nashua. Mediation is being used regularly in New Hampshire to resolve divorce and custody cases. But it hasn’t really moved into the mainstream of New Hampshire’s business culture. I think it will, and Business Mediation Solutions, LLC will be right in the middle of it.”

Scott Flegal is principal at Flegal Law Office, PA in Nashua, NH, and is principal of Business Mediation Solutions, LLC. Scott can be reached at scottflegal@flegal.com.