Personas to Combat the Devil's Advocate

"We've all been there: the pivotal meeting in which you push forward a new idea or proposal you're passionate about. A fast-paced discussion leads to an upwelling of support that seems about to reach critical mass. And then in one disastrous moment, your hopes are dashed when someone weighs in with those fateful words: 'Let me just play devil's advocate for a minute'...

The devil's-advocate gambit is extraordinary but certainly not uncommon since it strikes so regularly in the project rooms and boardrooms of corporate America. What's truly astonishing is how much punch is packed into that simple phrase. In fact, the devil's advocate may be the biggest innovation killer in America today. What makes this negative persona so dangerous is that it is such a subtle threat. Every day, thousands of great new ideas, concepts, and plans are nipped in the bud by devil's advocates..."

So states this article from fastcompany that suggests adopting one or more of the following personas to encourage innovation and keep the devil's advocate at bay:

"1. The Anthropologist brings new learning and insights into the organization by observing human behavior and developing a deep understanding of how people interact physically and emotionally with products, services, and spaces....

2. The Experimenter prototypes new ideas continuously, learning by a process of enlightened trial and error...

3. The Cross-Pollinator explores other industries and cultures, then translates those findings and revelations to fit the unique needs of your enterprise...

4. The Hurdler knows that the path to innovation is strewn with obstacles and develops a knack for overcoming or outsmarting those roadblocks...

5. The Collaborator helps bring eclectic groups together, and often leads from the middle of the pack to create new combinations and multidisciplinary solutions...

6. The Director not only gathers together a talented cast and crew but also helps to spark their creative talents...

7. The Experience Architect designs compelling experiences that go beyond mere functionality to connect at a deeper level with customers' latent or expressed needs...

8. The Set Designer creates a stage on which innovation team members can do their best work, transforming physical environments into powerful tools to influence behavior and attitude...

9. The Caregiver builds on the metaphor of a health-care professional to deliver customer care in a manner that goes beyond mere service...

10. The Storyteller builds both internal morale and external awareness through compelling narratives that communicate a fundamental human value or reinforce a specific cultural trait..."

Technorati Tags: business, management, entrepreneurship, startup, legal

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Personal Finance Spreedsheets Collection

This post from Get Rich Slowly contains links to great collection of personal finance spreadsheets for budgeting, debt reduction, personal finance, tracking auto expenses, home maintenance, compound returns, etc.Technorati Tags: business, management, entrepreneurship, startup, legal

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Land of the Rising Entrepreneur

"'In China today, even the poor are richer than the richest people were when I was a boy,' says entrepreneur Huang Guangyu, 37, a peasant's son who founded retailer Gome Electrical in 1987. Huang, worth $US1.7 billion, is now China's richest man.

The driver of this new wealth is China's searing economic growth. China has expanded an average of 10.1 per cent a year for the past 15 years - propelling it past the UK to become the world's fourth-biggest economy. China is the world's largest consumer of everything from iron to cement, to wheat, to mobile phones. Its 1.3 billion people are the world's No.2 users of the internet, second only to the US. Cranes tower over its bustling cities.

In Beijing alone, 92.9 million square metres of office and residential space is under construction - the equivalent of three Manhattans, says Jack Rodman, Beijing-based partner at consulting firm Ernst & Young.

As China hurtles toward capitalist prosperity, it's spawning a class of entrepreneurs and foreign investors hoping for big payoffs. 'This is like the robber baron age in the US in the 19th century; everything is up for grabs,' says Chang Sun, who oversees Chinese investments for New York private equity firm Warburg Pincus. 'There's a gold rush mentality here.'"

Read more in this comprehensive article from the Sydney Morning Herald found via this post from China Law Blog.

Technorati Tags: business, management, entrepreneurship, China, legal

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Honor the Fallen on Memorial Day

Poppies
TigerTigerTiger.

In Flanders fields the poppies blow
Between the crosses, row on row,
That mark our place; and in the sky
The larks, still bravely singing, fly
Scarce heard amid the guns below.

We are the Dead. Short days ago
We lived, felt dawn, saw sunset glow,
Loved, and were loved, and now we lie
In Flanders fields.

Take up our quarrel with the foe:
To you from failing hands we throw
The torch; be yours to hold it high.
If ye break faith with us who die
We shall not sleep, though poppies grow
In Flanders fields.

"The poem 'In Flanders Fields' by the Canadian army physician John McCrae remains to this day one of the most memorable war poems ever written. It is a lasting legacy of the terrible battle in the Ypres salient in the spring of 1915.

The most asked question is: why poppies?

Wild poppies flower when other plants in their direct neighbourhood are dead. Their seeds can lie on the ground for years and years, but only when there are no more competing flowers or shrubs in the vicinity (for instance when someone firmly roots up the ground), these seeds will sprout.

There was enough rooted up soil on the battlefield of the Western Front; in fact the whole front consisted of churned up soil. So in May 1915, when McCrae wrote his poem, around him bloodred poppies blossomed like no one had ever seen before."

Find much more on this poem and its author at The Heritage of the Great War

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Hiring Summer Help? Know the Rules

"Once again, as summer approaches, teen students are looking for summer jobs. This provides great opportunities for both the student employee and the employer, but there are pitfalls to avoid relating to hours of work.

Both federal and state statutes apply to youth workers (those aged 14 through 17), with the more protective taking precedence. There are no restrictions on the work of those who are 18 or older, and, only a few types of work are permitted at all for youths who have not yet reached 14...

The federal Fair Labor Standards Act prohibits the employment of youths in jobs and under conditions detrimental to their health and well-being, and it identifies certain hazardous occupations which are too dangerous for those under age 18 to perform. Youth 16 and 17 may perform any job not declared hazardous, without federal restriction on the total number of hours they may work per day or week, or when those
hours may be worked.

Occupations for youths under 16 are further restricted; they may work only in certain nonmanufacturing, nonmining, nonhazardous jobs, with limits on total hours and times to work. During nonschool weeks, they may work eight hours per day and 40 hours per week, but they may not begin work before 7 A.M. From June 1 to Labor Day they may work until 9:00 P.M. Limits are different for school weeks.)

Detailed records of birth date, daily starting and quitting times, and daily and weekly hours worked must be kept. There are civil money penalties for violations of the child labor provisions of the FLSA.

Many states also have child labor laws...Pennsylvania employers with youth workers this summer [must]: obtain employment certificate from the student’s school district; [allow] no more than eight hours of work per day or six days of work per week; always have a documented 30-minute meal break at or before five consecutive hours of work. Also, for workers ages 14 and 15, absolutely no work is permitted before 7:00 A.M. or after 9:00 P.M., and no more than 40 hours per week. Keep good records to prove compliance..."

From an updated version of this article from Pittsburgh attorneys, Polito & Smock.

Technorati Tags: business, management, employment, hiring, legal

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Startup Kits for Particular Businesses

"Entrepreneur.com Startup Kits are quick, easy-to-read guides to starting the most popular businesses around. With industry, market and operations information, these kits will give you an introduction to the business idea that may just be your ticket to success."

Industries covered include:

Apparel
Bar/Club
Bed & Breakfast
Bridal Consultant
Business Support Services
Child-Care Services
Cleaning Services
Consulting Service
Event Planning Service
Freight Brokerage Service
Gift Basket Service
Hair Salon
Import/Export Business
Information Consultant
Mail Order
Medical Claims Billing
Personal Concierge
Restaurant
Retail Store
Seminar Production
Staffing Services
e-Business

Technorati Tags: business, management, entrepreneurship, startup, legal

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Be Prepared for Disaster

Dr. Cornwall reminds small business owners to update disaster plans, stating:

"The storm forecast is out for this summer, and it is not a good one. In addition to sending oil prices up, it should be a warning for small business owners to start planning.

I have written often about the need to plan ahead for disasters, be it floods, terrorist attacks, hurricanes, ice storms, and so on. While small businesses are quite vulnerable to the impact of such events, there are steps that an entrepreneur can take to prepare.

Here are some suggestions on how entrepreneurs can prepare for disasters:

1. "Cash is King". There is no better tool to weather a disaster than cash...

2. Manage overhead carefully...

3. Avoid fixed, long-term commitments...

4. Build in flexibility...

5. Watch and manage your inventories carefully...

6. Create contingency plans...

7. Look ahead...Be strong, be brave and be confident and others will follow..."

Technorati Tags: business, management, entrepreneurship, startup, legal

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Starting a StartUp

This Business 2.0 series of articles provides a step by step guide to starting a startup, stating:

"Got a great idea? There's never been a better time to turn it into a great company. Here's a...guide to help you do it right...

Phase one: Establish a company
In order to get started you’ve got to test your idea, build a founding team, get a business plan together and pick a company name that will take you to the top...

Phase two: Prototype the product
Finally the rubber meets the road, as you stake out your intellectual property and assemble the demo that will help you sell your idea...

Phase three: Develop the beta product
Now is the time to start installing your staff -- hire the best you can afford. They’ll help you perfect your company's product and begin the beta testing process...

Phase four: Launch the product
Now that the testing is done and the product has been refined, you need to find paying customers. So stop fiddling and start selling!...

Searching for angel investors
Here is what every aspiring business-owner should look for in early-stage backers. Remember, it's not just money you want; you also want brainpower, connections, and experience...

What a VC wants to see in you
You too can woo even the fussiest venture capitalists. Be sure you’re pitching to the right partner -- and expect them to present you with a deal sheet that has some tough terms..."

NOTE: Not everyone agrees with the advice gleaned from this article, as pointed out in the comments to the original version of this post. For a contrary view and interesting commentary, see this post from Signal vs. Noise.

Technorati Tags: business, management, entrepreneurship, startup, legal

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Technology License Basics

"In general, the agreement between the Licensor and the Licensee regarding the technology license, and the right to use it, should include the following elements...

Definition of the Licensed Property...
The duration of the agreement...
The territory that the license agreement relates to...
[Field of Use]...
The activities of the Licensee...
Ppayment arrangements...
Quality Control...
Protection of the Technology...
Improvements...
Termination...
[Resolving] Disputes...
[Other Provisions:]
Exclusivity; secrecy of know-how; technical assistance...sales between the parties...competition...participation in expenses such as advertising, legal fees...approvals..."

Read much more in this PLI article.

Technorati Tags: business, management, technology, licensing, legal

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Mediation Mindset Named One of Top Five Mediation Blogs

I am very pleased to announce that my blog, Mediation Mindset, has been named one of the top five mediation blogs by the National Institute for Advanced Conflict Resolution. I am humbled to be in the company of the other great blogs cited. The Institute stated:

"The advent of blogging as a form of internet communication has begun to revolutionize how information is disseminated on the web. The mediation field has not been immune from this development, and there are a growing number of blogs relating to the mediation field popping up on the internet. In recognition of the efforts of these blog pioneers, we have surveyed the field and our findings are presented below...

4. Mediation Mindset
(Written by Anthony Cerminaro, Pittsburgh, Pennsylvania) This newcomer to the field promises to be a rising star. With a focus on negotiation, this blog presents its information in a compelling and informative style. Of particular note was a recent article on negotiating in China which was as fascinating as it was informative. We predict this blog will become a staple for mediators interested in keeping abreast of developments in this area..."

More details are available at this NIACR page.

Technorati Tags: business, management, mediation, negotiation, legal

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Earnouts Not Always Appropriate

"Question: What are some creative ways to structure a purchase offer on a business? I'm trying to fund the gap between my savings, a Small Business Administration loan and the seller's asking price. I realize the seller can take back a note. I've also toyed with an earn-out. -- John, Tucson, Ariz.

John: In a slow economy, it can be tough for buyer and seller to strike a deal and finance a purchase. In some cases, an earn-out can be a satisfying compromise. Typically, an earn-out is an arrangement in which the buyer pays a portion of the sales price at the closing, with future payments to come. The future payments generally depend upon meeting sales targets or other milestones.

An earn-out may sweeten the pot for the seller, who can take advantage of the business's future upside. Further, an earn-out also can help the buyer, who may be strapped for cash, as in your case.

But consultants who work in that field caution that an earn-out becomes a form of partnership. It's not appropriate for every business acquisition... "

Read more in this StartupJournal article.

Technorati Tags: business, management, m&a, legal

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Guide to Structured Settlements

This post from Florida Mediator provides a link to "an incredibly helpful, easy to understand article [downloaded as a PDF file] from Bloomberg Wealth Manager which objectively reviews and explains structured settlements. Well worth [pun intended!] reading."

Technorati Tags: business, management, litigation, legal

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Ten Tips for an Effective Meeting

As Captain James T. Kirk once intoned, "A meeting is an event where minutes are taken and hours wasted.” To keep this from happening at your meeting, follow these suggestions from TechRepublic

#1: Know why you called the meeting...Spend five minutes before you send out the meeting invitation to formulate, in 10 words or less, exactly why you need everyone's time...Review the reason an hour later; if it still seems valid, go ahead and send out the invitations...

#2: Know what action you expect from the meeting...Do not squander others' time. Instead, spend a few minutes before the meeting trying to answer the following question: "What do I expect the attendees to DO at the end of this meeting?"...

#3: Never send a meeting to do a conversation's work...

#4: Designate someone you trust to take the minutes...
the minutes become the permanent record of what was agreed to and decided on. Take the minutes and circulate them yourself or have a trusted associate do the honors. Oh, and you do not have to write down everything said at the table. A list of action items and agreed to dates will suffice.

#5: Establish the rules of order...Chaos happens, but you do not have to let it ruin an otherwise-productive meeting.

#6: Start on time, end early...
#7: Maintain focus...
#8: Assign action items at the end...

#9: Verify agreements...Take a minute at the end of the meeting to summarize what you agreed to...This allows you to verify that you properly understood the agreement and that the meeting attendees reached a consensus on the issue...

#10: Follow up..."

Read more in this article by Sharon T. Kalvar.

Technorati Tags: business, management

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Be Around the Change You Want to See in Yourself

"You’ve probably experienced an elevation in your mood when in the presence of someone upbeat, or starting to feel more negative when around someone angry. There’s good science that explains this phenomenon, along with a few other ways that you’re subconsciously influenced by those around you. In Angry/Negative People Can Be Bad for Your Brain, Kathy Sierra explores these ideas in an easy-to-grasp way. There are important implications here for negotiating and reducing conflict, and I highly recommend this article."

See this post from Tammy Lenski, from which the foregoing was reprinted, for a link to the Kathy Sierra article.

Technorati Tags: business, management, mediation, emotion, legal

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Passing On the Business

"Wall Street Journal's Startup Journal has a good article on thinking through how to allocate the family business among family members when some are in the business and some are not. The issue is whether the parents who own all the company shares should gift shares to the children who work in the business and to the children who don't."

Please see this California Estate and Business Law Blog post, from which the foregoing was reprinted, for a link to the article.

Technorati Tags: business, management,legal

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Dispute Resolution Checklists

For people struggling with difficult conflicts, these conflict resolution checklists for intermediaries and adversaries and related articles from Beyond Intractability.org highlight dispute dynamics that are helpful to understand, as well as options for dealing with common problems, in the following areas:

Workplace
Organizational Conflict
Interpersonal
International
Peacebuilding
Post-Conflict Stabilization
Public Policy

Technorati Tags: business, management, mediation, dispute resolution, legal

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Be Here Now with Zazen

"The practice of zazen is opening your psychological shutter and letting in your experience. It is a worthy practice with practical advantages...from just learning to be present.

If you have a persistent problem on your mind, try using zazen on it. Sit in a quiet room and keep your mind on your problem — not trying to think about — but looking at it in your mind's eye. Just be with it for a half hour to an hour. You'll be shocked. The problem will begin to unstick.

This is zazen: Just be here and experience. It is not only worthwhile in uncomfortable situations. It will enhance your life to do it often. Be in your body, wake up to your world, perceiving, being alive, being here right now.

This is a subtle practice. You and I are hardly ever just being here and experiencing. We're usually thinking about what we're going to do in the future, or trying to think of something clever to say, or remembering something that happened once, or wishing we were someplace else, or resisting something, reacting to something, pretending to be something, and so on. It's very rare we think this moment is worth experiencing.

But the moment becomes worth experiencing when we do experience it. And I'm not talking about something esoteric or fancy. Experience is just what's happening: The way you feel, what you see and hear and smell, the thoughts running through your mind — it's just your experience.

You know how you can sometimes be so absorbed in a book that you don't notice a sound or that someone walked through the room? In the same way, you can become so absorbed in what you're doing that you don't notice much of anything else other than your purposes. And for the most part, that's just fine. Being absorbed in a task is a beautiful thing. But there are times when it's worthwhile to check in — just to notice and not try to do anything about it. It only takes a moment, and it's good to do several times a day.

For one thing, it's relaxing, because when you check in on your experience, you'll usually notice is there is a muscle somewhere in your body holding tension unnecessarily. Some muscles you have to use just to sit up or hold your head erect or to do whatever you're doing at the moment, but almost always you'll find you have other muscles contracting for no purpose. And when you check in on your ongoing experience, you'll tend to notice that tension and automatically relax a little. So that feels good. But also, you just feel alive.

It's almost like we're machines the rest of the time, doing what we should be doing, and going and going and going like a solar-powered robot. When you just be here and experience, you feel the breeze and notice the weather and take in the person you're talking to — you'll stop trying to impress her and actually be with her and notice her and experience her. It's different. Like I said, it's very subtle, but there is a difference, and it's a difference that makes a difference.

Just try it. Even if you think I'm talking gibberish, try it. Right now, don't try to do anything but be where you are, experiencing what there is in your surroundings and in your body right now. As Alan Watts wrote in Tao: The Watercourse Way:

You are asked — temporarily, of course — to lay aside all your philosophical, religious, and political opinions, and to become almost like an infant, knowing nothing. Nothing, that is, except what you actually hear, see, feel, and smell. Take it that you are not going anywhere but here, and that there never was, is, or will be any other time than now. Simply be aware of what actually is without giving it names and without judging it, for you are now feeling out reality itself instead of ideas and opinions about it. There is no point in trying to suppress the babble of words and ideas that goes on in most adult brains, so if it won't stop, let it go on as it will, and listen to it as if it were the sound of traffic or the clucking of hens.

Let your ears hear whatever they want to hear; let your eyes see whatever they want to see; let your mind think whatever it wants to think; let your lungs breathe in their own rhythm. Do not expect any special result, for in this wordless and idea-less state, where can there be past or future, and where any notion of purpose? Stop, look, and listen...

When you don't know where to go, when you don't know what to think, or when you are just happy as a clam, come back to this practice. Return to right now. Look, listen, breath in, smell the air, feel your arms and legs and torso and face. Just be here and experience. It is your home base. Come home. You can rest here, and rejuvenate yourself."

Read much more in this fascinating article from youmeworks.com

Technorati Tags: meditation, spirituality, awareness

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China Business Update

"China's ongoing conversion from sleepy giant to economic powerhouse has opened the door for Chinese companies across a number of different industries to take advantage of the growing domestic market for goods and services. In this special report [from Knowledge@Wharton], we look at the rise of digital music in China and its threat to the traditional music publishing business, recent progress in the expansion of China's fast food industry, government and private sector efforts to increase the presence of microfinance in China, challenges posed by privatization, and unease over the country's growing labor shortage. In addition, we include an interview with Shao Ping, vice president of China Minsheng Bank Corp. (CMBC), on such topics as competition in the banking industry, the importance of innovation and customer service, the challenge of non-performing loans and the ongoing controversy over the RMB exchange rate."

Technorati Tags: business, China

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Yale Students Bike Cross Country for Habitat for Humanity

"Not too many people dedicate nine weeks to bicycle 4,000 miles across the country, dealing with the obstacles of stifling heat, flat tires and steep hills, but Deirdre Cerminaro is far from your ordinary college student..."

Read more in this article from the Sewickley (PA) Herald.

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"Go It Alone" Available Online

In a first-of-its-kind initiative, HarperCollins Publishers has made the full content of The New Entrepreneur: Bruce Judson's Go It Alone! The Secret to Building a Business on Your Own available free for readers following the above link.

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