TwoWings Mediation Services, LLC
TwoWings Mediation Services, LLC
A Senior Project for Business Administration
BA 490
Carrie L. Bartoldus
For Dr. Bob Costi and Mr. Dave Pfaff
Eastern Oregon University
Spring 2005
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For my senior project I wanted to do two things. I wanted to show how I have
learned to start up a business and I wanted to chose a business based on my own
predilections as well as the needs of the market that I want to address.
What I have learned is that I will be my own biggest obstacle in any enterprise I
chose to embark on. The resources are out there, the means for financing can be found,
the tools to build just about any sort of company one could desire is there and is only
limited to my own mental acuity and willingness to go for it.
The business I am going to write about starting up is a mediation business. I have
chosen this because it is one I do have interest in and that sometime in the not too distant
future I could actually operate. Because my parents owned their own business and it has
been fifteen years since I have had to work for someone else, the idea of punching a clock
is not appealing to me. A job as a mediator, where I can chose my own hours as well as
my own clients, might be something I can explore as I am continuing my education
through graduate school.
The type of mediation I would want to be involved in is family and community
mediation in which families/neighbors are striving to communicate more effectively. I
don’t necessarily want to mediate divorces although mediated divorces are more civilized
then litigated divorces. I do not really want to mediate court mandated mediations
between debtors and debtees although it seems that it is a way to get my business off the
ground and word of mouth business.
Mediation has become a much-needed component in the evolution of our dealing
with one another. Even though we are becoming a global society it doesn’t mean we have
learned how to communicate more effectively with our next door neighbor. Now, even
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though the rest of the world may be upset with us at this time, there has never been a
country like ours in which such a diverse group of people have voluntarily come together
to not only try, but to actually live together. As a country, we make mistakes. Some are
BIG mistakes and some small mistakes and we keep trying to make our country and its
ideologies work. I have friends the world over and the reason people wept, on September
11, the world over, was because the whole world lives here. We are globalization in
action. So, I obviously think mediation is a wonderful way to resolve concerns before
they become conflicts.
I have explained that I am interested in offering my community a service and very
briefly why my community would need the service. I have learned in my marketing and
promotion classes that it is important to know who my market is. In this paper I have a
page on the social and economic break down of Clatsop County, based on the 2000
census. I will discuss what this means in having a neighborhood mediator.
I liked learning about formulating business plans. I learned about them in quite a
few of my classes, especially in my grant writing class. In my managerial course I
learned how to be concise in my writing. Between the two, I think that I can now write a
business plan that would help me should I need financing to start a business. I have
included my business plan for the mediation business in this paper.
To best understand if I could mediate in Oregon I looked up the laws involved. I
wanted to find out if Oregon had specific laws regarding mediation, what local laws
applied to both mediation and to running businesses out of my home. I found out that I
could be a mediator in Oregon with a 40-hour certificate and mediation and consultation
were services which I could then offer from my home in Clatsop County.
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Based on my research I would not immediately need financing. I am looking at
mediation as a part time venture and therefore would not want to borrow money on it. I
could wait to grow. If I started getting a lot of referrals and it looked as if out of the home
wasn’t working out I would re-look at this in a few months. While for this paper I do not
need financing I constructed my business plan with the fore thought that I may have to
get financing in the future. I have studied the market and after seeing what is offered
locally I would not rent an office downtown and would be able to operate out of my
home, only occasionally renting a facility, which I would then include in the price of my
fees.
Renting from downtown facilities have ranged from renting from the elaborate
Elliot Hotel at $1000 for the evening or afternoon to renting a conference room at the
Best Western for $65. If the parties were comfortable meeting in one another’s home they
safe themselves costs. If they need more neutrality my office is available. If they need
more room then the price starts going up. Again, it is generated by the client, not by me
and therefore is controlled on a client by client basis. Other start-up costs would mostly
go into advertising and office supplies. I am including an excel spreadsheet for my startup costs.
Advertising, getting people to understand what mediation is and how they can
use it will be the key thing to the sustainability of my business. Because of the classes I
have taken in college I can design and publish my own website, brochure, and business
cards. Based on how few of the other local businesses have websites and how few use the
internet for advertising (looking in the yellow pages) most of the local businesses using
the internet are those in more than one locality. I am using a relatively low cost internet
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service provider (ISP)1 so as not to waste money. I have built a preliminary website as
well as included a brochure and a page of business cards.
Another tool is networking. This means both networking within the trade2 as well
as with other members of the local chamber of commerce. Another form of networking is
looking for opportunities to get clients. Locally, that means participating in events and
sponsoring things. I will explore that more fully under later.
The other things that I researched were: the kinds of businesses that there are,
getting a business license, reporting to the IRS, setting up a bank account, choosing
software, choosing a phone service, and an internet service. Thank goodness I don’t need
to pay rent. Now, first things first learning more about the business I have decided to start
up.
MEDIATION
Mediation is a way of resolving a dispute in which an impartial person (the
mediator) helps you discuss concerns and reach a voluntary agreement. The mediator
helps you think about your individual needs and interests, clarify your differences with
the other person, and find common ground.3 What I found to be interesting about
mediation is that it allows the people involved to be the ones crafting the answers. I like
the word crafting, it invokes the image of carefully putting something together that will
withstand the wear and tear humans constantly put on relationships, testing them to make
them perfect.
1
Homestead.com is an internet server hosting websites for businesses at $180/year.
In Oregon that would be attending events sponsored by Oregon Mediation Association (OMA)
3
Typical explanation of mediation given at the top five websites on mediation.
2
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So, what does the mediator do then? He provides the people involved the space to
do the crafting. A mediator sets the environment, brings the tools and provides, or
reminds the clients of, focus on the end goal but needs to know not to get too legal, does
not give legal advice4 and does not judge the people involved.
In Oregon a basic mediation training of 40 hours meets the training requirements
for community mediators. This course costs between $50 and $550 dollars.5 Cities or
communities often offer the course in the hopes that mediators will use their skills in
community mediation centers.
If I wish to mediate for the court system I would have to take additional classes.
While some courts provide their own training but Clatsop County courts do not.
Mediators are expected to get their training on their own and to provide proof of the
training at the time of application for court jobs. A job as a court mediator for divorce and
child custody/parenting time cases (in which state law6 requires a mediated parenting
plan in contested child custody cases) takes a four-day training at the cost of $550 dollars.
Mediators independent of a court system do not have to take any additional
training but are usually expected to have a degree of training or understanding of the
subject matter at hand so that they can help the clients to keep the discussions focused
and away from angry exchanges. This type of focus usually keeps mediators on top of
their training.
4
While courts themselves have ongoing debates regarding legal advice and legal information (American
Judicature Society, Greacen, John M., Legal information vs. legal advice ©2004) the OMA advises the
mediator not to give any professional advice and to have professionals on hand for consultation as needed.
5
Depending on who is offering the course and who is taking the course. Mediators taking the course for
less than $500 usually are expected to use the training in some form of volunteer mediation services.
6
ORS107.109 If child custody or parenting time issues are contested, the court shall direct the parents to
participate in mediation
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The Oregon Mediation Association has developed comprehensive Standards of
Practice (OMA Standards) for all of its mediator members. The OMA Standards are
important for all mediators in Oregon because they are likely to be considered the
community standard of reasonable performance. These standards have been incorporated
into the required qualifications for court panel mediators.7 Thus, an unethical mediator
may face discipline from the Oregon Mediation Association and removal from court
referral mediator lists in addition to whatever other remedies the parties may have for
damages against the mediator.
Now that I have explored the job itself, my next step was to decide what type of
business I wanted to have.
BUSINESS TYPES 8
I want a business that will give me the most bang for my buck! One that will
protect my private life from my professional life, so if my business goes bankrupt I won’t
lose my home. After exploring all of the different types of businesses I would chose to go
with a limited liability company. Below is a brief description of the types of businesses
available.
A sole proprietorship, which is a business owned by one person, is the simplest
form of business. The owner receives all the profits of the business, assumes all the risks,
and is liable for all the debts of the business. The owner's personal assets may be seized,
7
OAR 718-040-0100 The Dispute Resolution Commission, OAR Chapter 718, was not funded by the 2003
Legislature. The Commission and its Administrative Rules are suspended as of the end of the 2003
Legislative Session, September 1, 2003. ORS 183.502 now governs mediation in Oregon where it is not in
conflict with any other statute.
8
See Appendix 1, Comparison Chart of the principal advantages and disadvantages of the three most
commonly used business organizations.
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in addition to the business assets, if the business goes bankrupt. A sole proprietorship
cannot be carried on by more than one person.
A partnership is the result of a contract between two or more persons, called
partners, who wish to operate a business for profit. Each partner makes a financial
contribution (money or property), a professional contribution (work or expertise), or both.
There are two types of partnerships: General partnerships, in which all the partners
participate in the administration and management of the business, unless they designate
one partner to take on this role. The partners are each personally liable for certain debts
and obligations of the business, regardless of their respective share of the business.
Limited partnerships are when a limited partnership comprises one or more general
partners and one or more limited partners. The general partners contribute their work,
experience and expertise. They are the only persons authorized to administer and
represent the partnership, and their liability for the debts and obligations of the
partnership is unlimited. The limited partners provide capital or assets, and are not liable
for the partnership's debts beyond their capital contribution.
Then there is the corporation. In a corporation, the liability of the owners is
limited to the amount they pay for their shares of stock. A corporation is a legal entity on
its own, its continuity is unaffected by anyone’s death or the transfer of shares of stock by
any or all owners. Lawyers hired work for the corporation, not for the person who hired
them.
A limited liability company (LLC) is a hybrid organization that has characteristics
of both a corporation and a partnership. Its members (comparable to corporate
shareholders) receive interests in the LLC in exchange for property, money, or services.
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An LLC is comparable to a corporation, it is a separate legal entity for purposes of
limited liability of its members. However, it has the tax benefits of a partnership. Also, it
has the freedom from many of the legal formalities that govern corporations (e.g., annual
reports, director meetings, shareholder requirements, etc.). It is the best of both worlds.
To create an LLC, members file articles of organization with the state and pay
filing fees.9 Members should also have operating agreements, similar in concept to a
partnership agreement, that explains the operation and management of the business.10
While the forms for filing the articles of organization and the operating agreements can
be found online with relative ease obtaining the services of an attorney specializing in
business law is most appropriate as it will saves on time and money in the end. Locally, a
business attorney will charge $750 to file articles of organization, including filing fees,
writing operating agreements and getting the business license. This is often the best route
to go so that nothing is left out. The attorney does not work for individuals in the LLC
but for the LLC itself. Corporate lawyers advise businesses on their legal obligations,
rights and responsibilities. People who call themselves corporate lawyers are usually
corporate generalists, lawyers who provide advice on how to structure a business and
evaluate ventures. These lawyers also coordinate with specialists, like tax lawyers,
employee benefits lawyers and real estate attorneys (who are all transactional lawyers), to
serve the sophisticated needs of their corporate clients. Having one on retainer, for a
nominal fee, is one less headache for anyone, large corporations or small business owner
alike.
9
See Appendix 2 Articles of Organization
See Appendix 3 Operating Agreements
10
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In order to file the papers for the LLC a name must be picked for the business. I
have chosen the name TwoWings Mediation Services, LLC. Two wings has a significant
connotation in my religion as it refers to the two sides of humanity, women and men, as
well as alluding to the two sides of everything.
While the business does have a lawyer on retainer using him does cost money.
The more that the owner knows about the laws and regulations of his business the less the
lawyer’s fees will be.
BUSINESS PLANS
Having picked out the type of business and a name for the business, the next step
is a business plan that could be called a blueprint and communication tool for the
business. According to the Small Business Administration a business plan:
… precisely defines your business, identifies your goals, and serves as your
firm's resume. The basic components include a current and pro forma balance
sheet, an income statement, and a cash flow analysis. It helps you allocate
resources properly, handle unforeseen complications, and make good business
decisions. Because it provides specific and organized information about your
company and how you will repay borrowed money, a good business plan is a
crucial part of any loan application. Additionally, it informs sales personnel,
suppliers, and others about your operations and goals.11
TwoWings Mediation Services, LLC’s business plan12 consists of a page
describing the business and its mission and a page describing what the purpose of the
business is. This is followed by a page describing why the community needs the service,
11
12
Small Business Association, Business Plans © 2004
See Appendix 4 Business Plan
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which includes examples of how the service can be used as well as why it is needed now.
Next is a page describing management, finally a page describing the projected expenses,
which may or may not always be included in every business plan, depending on what the
business plan is being used for.
When the plan is being used to get clients on a day to day basis the financials
aren’t always a necessary part of the picture, especially projected expenses. When a
business is trying to land a contract with a government agency, on the other hand, its
ability to track and monitor its expenses is important.
The business plan is the blueprint for the business owner, the managers and even
the employees. Given a clear focus a business understands its main objectives and finds it
harder to deviate from its main purpose. It isn’t drawn into advertising schemes that don’t
fit its goals or marketing strategies that don’t fit its targeted population. Its budget is well
defined and its financial goals are clearly delineated.
With this plan a business not only finds it easier to plot its adverting strategies it
also will find it easier to hire the right employees for the right jobs. The business will
know at what point in each quarter it is breaking even and what kind of money is
available for hiring.
For TwoWings Mediations Services, LLC I budgeted the first year out to show
that $8459 would be needed, excluding wages, for the first year of expenses. The first
year of expenses includes: Professional fees for the attorney for the paperwork and
registration of the limited liability company and retainer fees for future business;
Ongoing professional training; Communications (Telephone, cell phone, fax, internet);
Office supplies; Insurance; Small office equipment; Advertising; Connection Fees;
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Licenses and permits. Most of the items listed will be ongoing expenses, with an added
expenditure of depreciation for replacing the small office equipment, but the exclusion of
connection fee. I did not include wages because at the moment because I am the only one
on staff. The professional fees would be used each year in retainer fees for the lawyer and
consultants, as they require. My consultants would be independent contractors who
would be paid on an as needed basis as part of the fees charged to my clients.
The yearly expenses would be a part of my business plan while the worksheet
would be an in house item, as part of my own accounting program. I would need to pay
IRS on a monthly basis for my own social security deposits and taxes. Also, state and
local taxes need to be made monthly. Since I am the only staff I would do the accounting
myself using the software application QuickBooks.13 With this program I would be able
to track my expenses as well as do payroll and automatically deduct and deposit payroll
taxes. The program is very user friendly and when entered promptly will afford the
business a complete and up to date financial picture as accurate as any other means
possible. This financial management software runs between $99.95 and $3,500. For
TwoWings Mediation Services I would chose Basic 2005 for $199.95 which offers the
following: Easy step start up, guiding me through what I want to track in my business;
Pays bills, prints checks and tracks expenses; Downloads the business’s bank and credit
card transactions; Reconciles statements; Accepts credit card payments; Memorizes and
sends job recurring invoices; Manages payroll and direct deposit; Instantly finds and
generates reports, financial statements, sales reports; and Store customer records. Basic
also does a few more things which isn’t beneficial to my business, such as storing product
and vendor records (maybe I could use for office supplies) but I do not have to use what I
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don’t need and it is still a bargain when accounting fees run at $300 a month. Another
nice component is that it will automatically export from your bank account online, if you
pick a bank that offers that.
In choosing a bank for my business I think I would go with a credit union because
of the fringe benefits that come with it. Often times they are willing to offer loans and
financing that larger institutions would not give out because they are in the business of
supporting their local community already, all you have to do is show them how your
business is a boon to the community. Also, it is another way of networking. Even when
things are almost identical it is better for small business to go local if your market is the
local market. Everything you do is an opportunity for your business to grow.
The only downside in smaller credit unions used to be that they couldn’t offer the
same technologies larger institutions could. That is swiftly changing with the smaller
credit unions usually able to keep pace with a business in providing them the tools
needed to keep clients happy and their finances in order. Often when preparing the
business plan projections need to be prepared. A projection of the business expenses14 is
one valuable tool. Another valuable tool is market research.
MARKET RESEARCH
Market research is a systematic, objective collection and analysis of data about
the target market, competition, and/or environment of the business with the goal being
increased understanding of the population. Information gained through marketing
research is not only nice to know it is also information that can guide strategic business
decisions. Market research guides business communications with current and potential
13
14
QuickBooks ®2005 ™Intuit
See Appendix 5 TwoWings Mediation Services’ Business Expenses
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customers. Once the business has good research, it should be able to formulate more
effective and targeted marketing campaigns that speak directly to the people it’s trying to
reach in a way that interests them. The risk of doing business is minimized and uncovers
and identifies potential problems.
One of the things that I found to be interesting here, locally, when talking to the
few mediators is that the market is not good without referrals. People don’t realize the
value of mediation until they are knee deep in the middle of a confrontation with the
neighbor or their brother-in-law and by then the emotions are running high.
The local courts do order mediation in many circumstances, though, as there are
only two judges and it can take up to a year (or better) to get on the docket for the most
basic of civil cases. To alleviate the load the judges have made mediation mandatory in
all contested proceedings involving custody and parenting time issues (except Family
Abuse Prevention Act cases which are exempt by law). Mediation is mandatory in all
dependency juvenile cases. A sure market, therefore, would be via the court system and
then getting recommendations from there.
Many companies offer market research. Before a business hires a market research
company it must weigh whether or not the information being asked for is worth the
amount being paid. Online, for instance, a business can go to Market.com15 and after
becoming a member (registration is free) the business owner has the privilege of buying a
report on a specific target market. Market.com’s sales pitch for their multi-cultural report
reads as follows:
15
http://www.marketresearch.com Copyright © 1999-2005, Retrieved 22 MAY 2005
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From Hispanic Americans, who make up the largest and fastest growing
minority group in the country, to Russian- and Ukrainian-Americans, who spend
over $400 million annually on wireless services, it is more important than ever
for businesses to understand America's growing multicultural markets.
MarketResearch.com provides comprehensive multicultural research and
analysis of the trends, attitudes, and behaviors of many different demographics.
Our reports provide insight into consumer attitudes and behaviors, market
trends, opportunities, projections, sales, and strategies, including specifics on
market share, segmentation, size, and growth in the Hispanic, Latino, African,
and Asian American markets.
The price range on purchasing one of these reports, to me, is rather outrageous. Prices
start out at $49.95 for the U.S. Hispanic/Latino Market Advertising Guide, “a source to
over 120 little known magazines and newspapers devoted to the Hispanic/Latinos across
the United States” says their promo lead in. At the other end of the scale is Special Ethnic
Demographic Series: The U.S. Hispanic, African American and Asian American
Markets16 selling for $7,039.00! Among other things, this report will inform the
purchaser, according to their advertisement, “how the growth patterns in the Hispanic
population uncovered by Census 2000 are affecting the marketing strategies of businesses
in both large and small markets throughout the United States. Learn about why marketers
need to consider the diverse subgroups and subcultures within the Hispanic population.
Find out how Hispanic families are narrowing the digital divide. Understand what
16
Pub ID: LA820496, Copyright © 1999-2005, All Rights Reserved, MarketResearch.com
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Hispanic consumers look for when they decide to buy. Keep up with ongoing changes in
Hispanic media.” This advertisement, or lead in, for the report states that between 1990
and 2000 the Hispanic population grew more than four times as fast as the population as a
whole (57.9% vs. 13.2%).
Having done some research on my own, using the 2000 census results for Clatsop
County, I can see that our own population nearly correlates that information. Do I need
the report? Again, the business owner needs to reflect on what the information is needed
for, what results are expected and are they worth the price. In Clatsop County 95.2% of
the population considers themselves white, not of Hispanic, African, Asian, Hawaiian nor
American Indian heritage. Paying over $7,000 for a report that MIGHT possibly give me
clues to reach three fourths of the 4.8% of the remaining population sounds steep to me,
especially at the very beginning of my business.
I think the smarter thing for me to do is to recognize the value of marker research,
and then read over a variety of market research websites for all of the hints I can get and
go from there. This is one of the differences that I can see between starting up your own
businesses, with your own investment, and starting up with someone else’s capital. When
looking for a loan and starting up with someone else’s capital it may be more beneficial
to show that you used an outside firm to do your marketing research for you. On the
business plan for TwoWings Mediation Services the statistics listed are just referred to
being from the census.
From the market research websites I can see that demographics are important so I
received the 2000 census report17 and learned how many households were in Clatsop
17
See Appendix 6 Profile of General Demographic Characteristics: 2000. US Census Bureau
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County, how many ethnicities people identified themselves with, how many languages
were spoken, what the average age of the community was and how many homeowners
there are and how many renters. These answers helped me to ascertain that what kind of
advertising to do. I am realizing at this point that a smart idea would be to get myself
listed as a mediator at the courts in order to get the business name out there. I can go to
the supermarket and see what kind of flyers are up to see what other people are doing,
locally, to get the attention of a specific market, as well as seeing what kind of magazines
the supermarkets are carrying. What I mean by that is how many foreign language
magazines are there? How many magazines about different cultures? Supermarkets
usually respond the quickest to requests for these type of magazines and they are a good
indicator of the pulse of the community. Reading the local newspapers for its ads also
tells what is (and isn’t) working in to get reach specific audiences.
In Astoria our local Sunday Market is another resource for marketing a product or
service. The Chamber of Commerce sets up an info table and anyone belonging to the
chamber can place a brochure at it. The membership fee to the Chamber of Commerce is
$75 per year and in a small community it means stability, which is important in public
relations and marketing. Having a brochure out there gives it a lot of exposure that can be
placed in a variety of places.
Another marketing strategy is to promote the business through sponsoring one of
the children’s athletic teams. The local parks and recreation department is always looking
for sponsors of its various sports activities as well as the soccer organizations and little
league. For fees ranging from $75-$300 businesses can sponsor these teams, with
sponsorship including their name on the jersey and their name appearing in the paper
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announcing the scores after each game. The downside is that there are always losers in
games and the business will be tied to that losing score, too. Depending on how much the
town revolves around sports will decide for the business whether or not that matters.
Another benefit to sponsoring a team is that often the price of sponsorship includes
having the name of the business on something, like a wall of the gym or the fence of the
baseball field.
Once a year the local public radio station KMUN has a fund raiser in which all of
the local businesses donate a product or service. Again, this would be an opportunity to
promote a business’s services while garnering the community’s respect.
Marketing Research is a vital part of all businesses and to ignore it is a tactical
error which could cost the company a good percentage of their potential income or even
cause a business to close its doors when a different marketing strategy could have saved
it. Spending where the business should have saved and being miserly where it should
have been lavish can cause the business to lose customers and waste money. On the other
hand, spending for market research that has nothing to do with a clientele or market
you’re not trying to reach isn’t using business acumen either.
Understanding the social and economic break down of Clatsop County is
important as a mediator because it will explain how this county has grown and changed
in the last 10 years and the ways in which I can anticipate problems and be ready to
mediate for solutions. This means having tools on hand as well as networking with
contacts who can be useful in mediation. I will use the break down given on the 2000
census. Anticipating the neighborhoods that will need mediators also helps me to
recognize the prices that can be charged as well as the types of mediation that may be
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useful. Paying close attention to the news in the paper lets me know what kinds of
conflict are most common and what kind of advertising I can use to grab attention.
By the census I can see that the growth of our community has tripled in the
Hispanic population. On the local morning talk show I hear a woman angrily complain
that her daughter is being “forced” to “endure” Spanish in the second grade because four
of the child’s classmates don’t understand English so an interpreter has been brought into
the classroom to repeat what the teacher is saying. To me this is saying that the school
district needed a mediator for that specific situation between the parents and the school
district as well as the fact that similar situations are going to arise in the future.
This example shows me that I will need to keep up on my multi-cultural training
and if I can’t brush up on my own conversational Spanish I will need to have an
interpreter for some mediation sessions.
Another dynamic that I have found interesting for family mediation is that there
are over 14,000 families in Clatsop County with over 7,000 having children. There are no
family mediators at this time advertising in Clatsop County. The mediators for the
mandatory mediation proscribed in family court are contracted out of Hillsboro and a
retired mediator out of Cannon Beach who only does court mediation.
Learning about the value of market research was extremely helpful in finding out
how this business really could work for me. When I first started looking into starting up a
business I thought the fun part would be making the business cards and the brochures and
the website. Actually, that turned out to be the boring part and I would probably turn it
over to a professional, depending on the price (website building market fluctuates
extremely, with local people offering to do it often in trade for something you can do for
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them and other online professionals charging as much $1500 to build the website and
$100 month to maintain it).
MISCELLANEOUS
Software products will make my business run smoother and make my job easier. I
have already talked about QuickBooks so I will go on to my next software tool, The Print
Shop® Pro Publisher™. With this software I am able to design and print out my own
business cards, brochures, as well as flyers, cards and personalize calendars for nice gifts
or make extra additions to multi media presentations. It makes letterheads and invitations
and burns cds so that presentations can be saved looking professional.
Another thing that I will have to keep in mind and build on over time is my
personal reference library on books on mediation and the different types of mediation that
I would want to specialize in.
In the future I may find that I do not want to work out of my home. Even as I
work in the home I have to have one room which is dedicated to creating an atmosphere
conducive consultation. Soothing colors, a fish tank with non-combative fish, positive
affirmations, soothing music, soft flowing water, peaceful feeling atmosphere. Often
when people are coming in to mediation they are coming of their own volition, as
opposed to mediation that is done at the courthouse, but even so a concern has occurred
for the clients to come to mediation so the more that an atmosphere can lend itself to
peacefulness the better it is towards a positive outcome.
CONCLUSION
I was pleasantly surprised to find out how much I enjoyed formulating the
business plan even though it took the longest to do, given all of the information that I had
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to hunt down and find out in order to get it done and then it turned out to be a small
document but I consider it a very valuable one. It really is a blue print, especially the
financial section, which I felt was completely insignificant since I didn’t plan on
borrowing any money or asking for any money. Seeing how little of money it will take to
initially get this business off of the ground and keep it operating for one year was really
inspiring to me and makes me really want to try to operate it this summer. The only
reason I hesitate is because I will be starting my Master’s degree this fall and I am unsure
as to how that will work. Maybe if I get someone else to go into the business with me it
might be better, still as a limited liability company, though!
I am very disappointed in the Print Shop Pro Publisher software. It was
exceedingly difficult to use and I think it was a bad investment but I spent $68 on it and
now I am trying to adjust myself to using it18. I have used QuickBooks at the college but I
have not purchased it for myself as it is almost $200 and unless I am starting my business
for sure I do not want to buy that just to play around with it.
Homestead.com lets you try their service, on a limited basis, for free. I have a
website19 up and running which was relatively easy, especially compared to doing the
business cards and brochure.
Marketing my business is still going to be the hardest part of my job. I think that it
would be really good for me to work with a partner that likes to just talk with people
while promoting their idea. My husband works for the state of Oregon and he would be
good at just kicking back and talking all the while progressively getting closer and closer
to his topic, like warming the person up to the grand finale. I get exhausted just thinking
18
19
See Appendix 7 & 8 for business card and brochure made with Print Shop®
http//:2wings.homestead.com
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about it. Knowing this, I think if I don’t have a partner it would be wise for me to invest
in an advertising firm.
I was so surprised regarding how much I got out of all of my business courses. I
discovered how often I will be turning to my business law book, how easy it will be to
use QuickBooks to do my own accounting (although I am still considering whether or not
to hire out for the payroll) and how hard it is to use Print Shop. I am excited to start a
business, reluctant to do my own promoting but happy that I know that ahead of time and
can plan accordingly. I think that I am pleasantly surprised that this project was so
enlightening and not just a chore to be completed just to get my degree.
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Bibliography
Bateman, Thomas S. & Scott A. Snell. Management: The New Competitive Landscape.
USA:Irwin/McGraw-Hill, 2004.
Blanchard, Kenneth H., Johnson, Spencer. One Minute Manager, Anniversary Ed: The
World’s Most Popular Management Method. USA:Partnership and Candle
Communication Corporation, 1982.
Bucher, Richard D. Diversity Consciousness: Opening Our Minds to People, Cultures,
and Opportunities. Upper Saddle River, New Jersey: Pearson Prentice Hall, 2000.
Covey, Stephen R. The Seven Habits of Highly Effective People. New York, NY: Simon
and Schuster, 1989.
Evans, Joel, Bearman, Berry. Marketing 9e: Marketing in the 21st Century, 9e.
Cincinnati, Ohio: Atomic Dog Publishing, 2004.
Fry, Fred L., Stoner, Charles R., Hattwick, Richard E. Business An Integrative Approach,
Third Edition. San Franisco: McGraw Hill, 2004.
Greacen, John M. Legal information vs. legal advice, American Judicature Society, USA,
2004. Retrieved 22 MAY 2005 from http://www.ajs.org/prose/pro_greacen.asp.
Jentz, Gaylord A., Miller, Roger LeRoy, Cross, Frank B. West’s Business Law, Alternate
Edition, Eighth Edition. United States: West Thompson Learning, 2002.
Kimmel, Paul D., Weygandt, Jerry J., Kieso, Donald, E. Principles of Accounting, with
Annual Report. Hoboken, NJ: John Wiley and Sons, 2005.
Robbins, Stephen P., DeCenzo, David. Fundamentals of Management, Fourth Edition.
Hoboken, NJ: John Wiley & Sons, Inc., 2004.
Wilkie, William L. Consumer Behavior, 3rd Edition. Hoboken, NJ: John Wiley & Sons,
Inc, 2003