Brainstorming: A Fresh Look at An Old Tool
As a mediator, I relish the opportunity to engage the parties in the options generation stage of a mediation process. It's the point in the mediation when the parties, having fully explored and uncovered their interests, get down to exploring potential solutions that satisfy those interests. Not all mediations lend themselves to an options generation discussion. For example, insurance disputes typically involve a discussion of liability and damages while wrongful dismissal claims generally lead to a discussion of the appropriate notice period. In these types of disputes the settlement negotiations inevitably lead to a discussion of money.
But, I have mediated many commercial partnership conflicts and construction disputes that have led to some unexpected resolutions. I recently mediated a dispute involving a stalled construction project. The stakes were high. Failure to complete the project on time would result in the loss of a significant new venture for the institution. The stress of the looming deadline was also threatening to jeopardize a long-standing relationship between the institution and the general contractor managing the project. Over the course of the mediation, it became clear that much of the delay was attributable to the work of a sub-contractor who had been retained to design and build a unique piece for the project. Unfortunately, there had been problems getting supplies from Europe to this sub-contractor that were critical to the piece he was building. This all came to light during the course of the mediation. Through creative brainstorming all three parties collaborated to create a new design that eliminated the need for the European supplies. It was a remarkable outcome and a shining endorsement for the potential for innovation through collaborative interest-based brainstorming.
In a recent Financial Post article, Rick Spence shares his thoughts on “design thinking,” a new way of brainstorming that purports to put human experience and needs at the centre of all activity and innovation. I'm not convinced that "design thinking" is anything more than a provocative label for interest-based brainstorming, but's it's an interesting spin on a well-used technique perhaps in need of some renewed attention.
