I teach undergraduate students at a local university.  We just finished covering torts and negligence, which is always a fun subject as the students suddenly see the potential for lawsuits everywhere.  In fact, one assignment was to look for possible claims around campus.  I didn’t realize the campus was a death trap!

Torts are a civil wrong that leads to harm which results in legal liability.  Some examples of torts are defamation, copyright infringement and false imprisonment.  Negligence is within the study of torts and is based on the belief that there is a duty of care owed.  If there is a breach in that duty that caused injury, then people sue for negligence.  For example, supermarkets need to keep their floors clean, and when there is an issue need to mark it accordingly, if not then someone could slip and fall.

Negligence and tort claims can happen to anyone in a business. You need to be aware of the issues and then go about protecting you and your business with a combination of contracts, business entities and insurance. 

A Holistic Approach
By: True North Business Consulting

Each month True North Business Consulting, LLC presents a different topic to help you in your business.

The idea behind holism is that all the parts must be taken into account, not just the whole. In the health and wellness community it is known as alternative medicine, taking into account social, physical, and other components to help those with illnesses. It has been successful, so why not apply the same idea to business?

What this means for businesses is that it is not just about reaching the end goal, but how you get there. All the businesses I work with want to be successful, meaning they want to make money. But, there has to be thought given to all the dimensions.

Marketing
When advertising are their truthful statements being made? And where did the statements come from? So many times people use written information from websites as if it is open to the public. It’s not. Someone wrote that copy and it should be respected. Ask permission, if you want to use their words.

Management
Part of managing a business is the everyday dealings. Those dealings are with clients and with employees. Each should be treated with respect. No one wants to do business with a practice that is not well run.

As employees we spend a lot of time at work. There needs to be benefits, even small ones like sharing a meal. Never take employees fore granted.

Legal
Make sure the contracts are fair to both sides, that all of the ramifications and risks are understood. Too many times one party takes advantage of the other party. Even more so, there is a vindictive nature that seems to come out to destroy each other. I am sure that was not the primary intention of dealings, and all of the ramifications- more than loss of money are not being considered.

A holistic approach to business takes into account the social impact of business decisions, not just for the sake of business. There is an understanding that people are humans, and that there is an end ramification, trying to be holistic will leads to more satisfaction in your business dealings.

If you want more information on this topic or wish to make a consultation appointment, please go to truenorthbusinessconsulting.com

Welcome to TrueNorth Business Consulting’s presentation of a Business Makeover. Each month will feature an idea that can help your business. True North focuses on helping businesses, especially health and wellness practitioners, maintain and grow their business using the areas of business law, marketing, insurance and project management.

Mediation is a form of alternative dispute resolution (ADR) where a third party neutral, or mediator, facilitates so the parties can come to a mutually beneficial resolution. Mediation is not binding, but a contract or an agreement can be the end result, which is legally binding.

One reason small businesses fail is because they cannot afford litigation, fear losing the business relationship with the contracting business, or misunderstanding of contract terms. The small business owners are experts in their own profession, but lack resources in conflict management. In normal business circumstances, conflict arises, and usually there is litigation. Mediation is less expensive and can preserve the business relationship.

Most businesses are not familiar with mediation or mediators. To be a mediator the neutral must complete a course, which is usually a 30 plus hour class. Mediators have all different backgrounds- law, psychology or industry experience. In choosing a mediator you want to be aware of their background so that you can have confidence in their ability. Family disputes would be better with a mediator with a psychology background, while business disputes may need a lawyer mediator.

However, the mediator does not make the decision for the parties—that is up to those involved. The idea is that when that happens, the parties will stick to the decision. In order for there to be mediation, a clause should be added to a contract which states the parties will use mediation along with naming a local mediation service or mediator. TrueNorth Business Consulting provides business mediation in Massachusetts.

The importance of good conflict resolution skills along with access and recognition of mediation services is critical. Many fiscal opportunities are lost, resulting in impacts to the community at large. Businesses strengthen a community with jobs and contributions when they are successful, businesses closure brings with it an increase crime rate and population decrease. Therefore for conflict resolution you should look into mediation first.