Transcript Account Executive Dispute Prevention Training (Part 2)

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 1
Methods of Dispute Resolution
Two Methods of Dispute
Resolution
SECTION 1 | Methods of Dispute Resolution
1. With Lawyers
2. Without Lawyers
Conflict and Dispute Prevention | Account Executive Training
SECTION 1 | Methods of Dispute Resolution
Dispute Resolution with Lawyers
1.
2.
3.
4.
“Vigorous representation”
Mediation (non-binding negotiation)
Arbitration (contracted judge)
Litigation (go to court)
Conflict and Dispute Prevention | Account Executive Training
SECTION 1 | Methods of Dispute Resolution
Legal Rates
1.
2.
3.
Partner ($275 - $400 + / hour)
Associate ($175 - $275 / hour)
Paralegal ($90 - $150 / hour)
Conflict and Dispute Prevention | Account Executive Training
SECTION 1 | Methods of Dispute Resolution
Dispute Resolution Without
Lawyers
1.
2.
3.
Working it out business person to
business person.
Usually saves time, money, and the
customer relationship.
You deal with people with authority.
Conflict and Dispute Prevention | Account Executive Training
SECTION 2
Communication and Documentation
A two-way exchange
of information with a
shared
understanding.
SECTION 2 | Communication and Documentation
Conflict and Dispute Prevention | Account Executive Training
SECTION 2 | Communication and Documentation
Find Out:
What the problem is:
1.
2.
3.
4.
What happened?
How did it happen?
Who are the people involved?
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?
Conflict and Dispute Prevention | Account Executive Training
Communication Do’s and
Don’ts
SECTION 2 | Communication and Documentation
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.
Conflict and Dispute Prevention | Account Executive Training
Documentation Do’s and
Don’ts
SECTION 2 | Communication and Documentation
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.
Conflict and Dispute Prevention | Account Executive Training
SECTION 3
Escalation of Disputes
SECTION 3 | Escalation of Disputes
Timeline of Disputes – As time goes on:
• Disputes become more costly
• Disputes become more risky
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Escalation of Disputes
Control Cost and Risk by
Resolving Disputes Quickly
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Escalation of Disputes
Going up the “chain of command”
•
•
•
•
•
•
Account executive
Project manager
Sales manager
Key Three
President/VPs
Legal
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Escalation of Disputes
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.
Conflict and Dispute Prevention | Account Executive Training
SECTION 3 | Escalation of Disputes
DON’T PASS
BLAME OR IGNORE
THE PROBLEM
AND HOPE THAT IT
GOES AWAY.
Conflict and Dispute Prevention | Account Executive Training
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 4
Case Studies
SECTION 4 | Case Studies
Case Study
Case
Study
SECTION 4 | Case Studies
Conflict and Dispute Prevention | Account Executive Training