One of the prob- lems with business today is that far too much time is spent in identifying the differ- ences between people while far too little is invested in valuing them. For the first time in history, four generations

attempting to peacefully coexist within the workplace. What value can each of the generations \u201cbring to the table\u201d if allowed to contribute? How can we max- imize each individual\u2019s contribution while making sure that the group benefits favorably from different generational val- ues? Though a brief article cannot begin to establish value, if we focus on high- lighting and influencing the differences rather than simply identifying them we

Veterans (born between 1922 and 1943) are \u201cchildren of adversity.\u201d Having grown up during the great depression, this generation truly appreciates security, stability and predictability. Veterans con- form, putting duty before pleasure, recog- nizing that hard work always pays divi- dends. Veterans respect authority and want discipline to be handed out for those

in violation of the law. They do what they are told (though, sometimes, ONLY what they are told, so be careful when assign- ing work so that you do not limit their contributions!). A Veteran in the work- place adds stability, loyalty, and tradition. Criticizing a Veteran\u2019s work can easily become a personal attack because he or she seeks value and self-worth from suc- cessfully accomplishing their job assign- ments.

Boomers (born between 1943 and 1960) represent \u201cchildren of opportuni- ty.\u201d They received world peace from par- ents, benefiting from the sacrifices made for them. They are driven by parental dreams that they \u201cbecome something bet- ter.\u201d Boomers tend to be very competitive due to the sheer number of peers. Boomers are positive thinkers, believing that nothing is impossible\u2026seeing them- selves as the \u201cstars\u201d that make things happen. The \u201cPeter Pan\u201d generation (never grow up - never grow old), Boomers add to the profitability of Clairol and the explosive growth of fitness cen- ters. Give a Boomer a challenge and it will be accomplished\u2026give him or her the opportunity to grow in responsibility and stature from doing it and you create an environment that fosters loyalty and con- tinued success.

Gen X\u2019ers (born between 1960 and 1980) are \u201cchildren of privilege.\u201d They were the first \u201clatch key\u201d children (whose working parents sent them home from school with keys), helping them to become self-reliant (and a bit skeptical about most things.) Gen X\u2019ers are a \u201cwhat you see is what you get\u201d genera- tion, refusing to be or do anything simply because someone else wants it done. Gen X\u2019ers are the first generation to live in the \u201cinstant world\u201d where patience is not a virtue\u2026it

inconvenience. Employment mobility is the apparent result of loyalty to self rather than to a corporation. Training should be on-line if possible, or focused and entertaining if conducted in a more traditional manner. Gen X\u2019ers want IMMEDIATE feedback (will not wait to be recognized) because they do not want to waste time working on things that will not benefit them direct- ly (and immediately).

Gen Y\u2019ers (born between 1980 and 2000), are \u201cchildren of entitlement.\u201d Their generation was often given \u201cthings\u201d by parents too busy to give time\u2026free- doms by a society too distracted to set limits. They were coddled and protected by grandparents and by several sets of parents (seeking to be their friends rather than limiting influences). Surrounded by \u201chelicopter parents\u201d that hover around making sure they won\u2019t fail, Gen Y\u2019ers tend not to recognize failure as an option.

Sooner or later, most business own- ers find themselves in a dispute of some kind. It may involve a competitor, a current or former employee, a co-owner or share- holder, or worst of all, a

Disagreements may involve issues ranging from breach of contract, non-payment of a bill, product performance, unfair competition or dis- charge of an employee.

Instead of filing a lawsuit or responding to one, the parties might wish to consider binding arbitration as an attractive alternative. Lawsuits can take as much as two years or more to get to trial, and may require even more time if there is an appeal. The associated investment of time and money required for litigation is most often an unbudget- ed, bottom line loss, even in the event the lawsuit is won.

By comparison, arbitration of most commercial disputes can be resolved within a period of months. The process offers a number of advantages which are simply unavailable in civil litigation. These include: efficiency, economy, finality, and confidentiality.

Arbitrations can be conducted only by agreement of the parties, and are typ- ically administered by the American Arbitration Association (AAA). Their rules can be found online at www.adr.org. Once a claim for arbitration is filed, AAA will coordinate the process for a fee. AAA maintains a National Roster of qualified individuals. Their resumes are provided to the parties, who then select by agreement one or more arbitrators to handle the case. However, the parties can opt to arbitrate without using AAA.

In arbitration, the parties have the ability to select an arbitrator who has demonstrated experience with the types of issues involved in the particular case. They can also determine the location where the arbitration will be held, whereas lawsuits can only be filed in particular jurisdictions. Parties to arbi- tration can decide the specific issues to be considered, and can even determine whether the rules typically governing court proceedings will or will not apply.

Unless otherwise agreed, the arbi- trator is not bound by the civil proce- dures or evidence rules governing courts. This allows much greater flexibility in conducting arbitration proceedings, and especially discovery, which is perhaps the most expensive component of mod-

ern day litigation. Exhaustive discovery is typically discouraged in most arbitra- tion proceedings. Arbitrators can limit the number of depositions taken by the parties, with the net result being sub- stantial cost savings and limiting the time duration of the arbitration process.

Although arbitrators do not have the authority to enforce their awards, they can be enforced by the courts. Once an award is issued, there are only very lim- ited grounds upon which it can be appealed. Under the laws of most states, arbitration is favored and arbitrators\u2019 awards

overturned. Consequently, the dispute ends following the issuance of an arbitrator\u2019s decision, save for only the collection of any amounts awarded.

Another advantage of arbitration is the fact that most hearings are conduct- ed in the arbitrators\u2019 offices, or a con- venient site chosen by the parties. The proceedings are not open to the public, thus affording a much greater degree of privacy and confidentiality than proceed- ings held in open court.

It is important to remember that arbitration is available only when the parties agree to do so. Typically, arbitra- tion is provided for in a contract between the parties. If so, should one party to the contract file a lawsuit, the other party

In order to assure finality, the par- ties\u2019 agreement must contain language specifying that the arbitrator\u2019s award is binding. Otherwise, an arbitration in Michigan can later be litigated in court despite the fact that an award has been issued.

Given the many advantages of arbi- tration when compared to litigation in court, it is surprising that there is not more commercial arbitration employed to resolve business disputes. Considering the savings in time and money, not to mention the reduction of the burdens upon personnel and productivity required in protracted litigation, commer- cial arbitration may be well worth con- sidering when businesses are faced with a dispute they cannot easily agree to resolve.

the Grand Rapids law firm of Mika, Meyers, Beckett & Jones PLC. He is a cer- tified member of the select National Panel of Commercial Arbitrators of the American Arbitration Association and the former President of the State Bar of Michigan.