Thursday, December 20, 2012

Christmas Miracles

Have you any old grudges you would like to pay,
Any wrongs laid up from a bygone day?
Gather them now and lay them away
When Christmas comes.
Hard thoughts are heavy to carry, my friend,
And life is short from beginning to end;
Be kind to yourself, leave nothing to mend
When Christmas comes.
- William Lytle ("When Christmas Comes")

My work has been interesting lately.  I've certainly been busy, far busier than at any other Christmas in my consulting years.  I like busy.  But it has also been very stressful.  I've been dealing with two of the most difficult client situations I've ever faced.

Yesterday was the day we finally went to mediation to try to resolve a termination situation that happened in April.  I spent many days trying to get counsel on the other side to agree to just meet me for a cup of coffee so we could try and resolve the issues last spring before it ended up in a large and difficult lawsuit.  She would not meet me.  So the suit was filed.  It was ugly and messy for both sides and the only ones who fared well were the lawyers.  In Ontario, before a case can proceed to trial, the parties are required to attend a consentual mediation.  It took eight months, but we finally got there.  While we started far apart, we ended late in the afternoon with an agreement that everyone could live with.  Frankly, we could have reached the same agreement last May in an hour spent over a latte at The Second Cup.  But at least we're there.  It was an incredible Christmas blessing for my client who has behaved with more dignity in these eight months than anyone could have expected or imagined.  And then a little something extra - the other side made a kind gesture that allowed my client to get his money now instead of next January.  The gesture was unbidden and surprising.  Somewhere in the stillness of the room, when my client's eyes brimmed with tears, I could almost swear I heard the flap of an angel's wing. 

A couple of weeks ago, I brokered an agreement between two parties who were also concluding an employment relationship.  They were extremely angry with each other and both were behaving badly.  They wanted to be right more than they wanted to be happy.  Neither party wanted to accept any responsibility for how their relationship had so badly soured, each blaming the other for all the problems.  I lost count of how many times I quoted Dr. Phil in my discussions with the parties ("No matter how flat you make a pancake it always has two sides").  After six weeks of daily effort, I decided the only way to make progress was to get both parties to sit in a room together and talk.  I finally got them to agree to meet on the condition that the meeting would take place in neutral territory.  I sat them at my kitchen table and they talked.  An hour later we had an agreement.  Some buyers remorse the next day had both parties revisiting parts of the agreement.  Eventually we got there.  I sent each party to their respective lawyers to paper the deal as there were very complex tax, accounting and immigration details to be inked.  Yesterday morning, the deal fell apart.  I was very disappointed, for both sides.  The end of the deal meant one party wouldn't make it home for Christmas and the other wouldn't be in a position to go through with his holiday plans.  Throughout the day yesterday, I was innundated with phone calls, texts and emails from the clients.  Though I had advised both that I was unavailable to deal with the situation until today, neither could accept that I wasn't instantly available and responsive.  I spent several hours last night trying to figure out if there was a way to salvage the situation but sadly could think of nothing. Both parties were dug in and there was no sign that either would relent.  So I was extremely surprised to get a note at 11:00 o'clock last night.  One party took a big step forward and in response, the other met her half way.  For the second time in one day, I felt the breeze of an angel's flapping wings.




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