The CEO Advantage
Engaging an arbitrator, mediator or consultant who is familiar with the complex technical and business issues at the heart of a dispute – in addition to the relevant legal and procedural factors – can significantly increase the likelihood of reaching a fair and well-reasoned resolution that accurately and completely captures the underlying merits of the parties’ positions.
CEOs understand the ‘culture of commerce’.
Paul understands intimately how businessmen and women think, act and strive to gain an edge as well as how businesses often cut corners in order to survive and thrive. Invariably, this is evidenced in a very subtle dance between customer and supplier – one that generally emerges only after the fact, following the commissioning of the plant or equipment.
“ As a businessman I ask different questions than those asked by lawyers.”
CEOs have years of experience dealing with dispute resolution.
Paul has had to resolve commercial issues his entire career. He is sensitive to the nuances that accompany the dispute resolution process, including ensuring that the outcome takes into account all aspects of the issue – not just the legal or financial ones. Paul looks to establish intent and understand what the parties’ commercial actions, or lack of actions, signify.
CEOs are ‘dealmakers’.
Knowing when to be flexible and when to seek strict compliance is essential to being an effective CEO. Paul understands that commercial agreements comprise much more than ‘price’ and usually include numerous components and commitments by both parties which often are of equal, if not greater, importance. As a consequence of actually being in the game, Paul has acquired a clear sense for what differentiates ‘reasonable’ from ‘unreasonable’ actions and response.
CEOs are effective communicators and leaders.
As a consequence of his years as a CEO, Paul has the ability to clearly and decisively deal with issues and manage both the arbitral process and the people involved in a professional and credible manner. Paul is accustomed and experienced at bringing diverse people together and managing complex processes to successful conclusions – on time and on budget.
CEOs have fewer conflicts of interest.
Paul is not burdened by the large number of conflicts from prior relationships often associated with lawyers connected with large national and international law firms.
CEOs are comfortable judging a case on its merits
When the parties are in agreement that the dispute shall be decided based on principles of “business fairness” rather than law (“ex aequo et bono”) there exists a unique opportunity to apply principles derived from business experience, as opposed to technical legal rules. This also provides a full alternative to legal processes without all of their attendant costs and delays.