[Strategy] Reframing your Organization’s Litigation Strategy

Your organization’s litigation strategy is based on how your organization perceives giving an apology, taking responsibility, or passing around blame.

Your organization’s litigation strategy is based on how the founder perceives conflict, engagement, resolution, and even resilience and grit.

Your organization’s litigation strategy is based on how founders, executives, investors, employees, clients, customers, and others integrate and engage with (or don’t) lawyers, the legal system, and even legal professionals.

Your organization’s litigation strategy is not an accident, or something that “just grew” like Topsy. It is a strategy that is either intentional, or reactive.

Just like your organization’s conflict engagement, avoidance, or resolution strategy.

[Opinion] Realizing Your Potential is Not Even Half the Battle

Let’s talk about potential.

The idea that another person can do something that you can’t do, and do it better than you, typically engenders a couple of different responses in people:

The first reaction is one of coveting, not only the talent that the other person has, but also the ability that they have to leverage them. This reaction leads to jealousy, envy, and eventually taking actions that prevent the talented from fully realizing their potential.

The second reaction is one of surprise and joy, not only at realizing the talent that the other person has, but also engaging actively in helping that person find opportunities to connect with others who can help them fully realize their potential. These are actions that are designed to delight the person with potential and are done somewhat selfishly by the other party.

Then, there is a third response which doesn’t get a whole lot of attention, but that rears its head far more often than we might think: This is the reaction of the person with the potential.

This person may not see the potential in themselves.

They may not care about pursuing that potential in the way that another party would like (we see this with parents and children sometimes).

The person may have other things going on in their lives (i.e. they may not have an “empty lot” on which to build their potential).

Or, they may simply be someone who enjoys the stimulus that comes from being recognized as having potential, without having to actually take any action to grow that potential in the long-term.

Every person views potential in different ways, and through different frames and lenses, based on stories they tell themselves (and stories that they repeat over and over again from childhood), but the truth is, potential—which is a combination of innate talents, learned skills, and the accumulation of the impact of life choices—is still a personal thing for each individual.

And even as the Internet—and before the Internet, the computer—has disrupted all of the old, “tried and true” Industrial Revolution ways of realizing potential and turning that potential into viable products and services for other people, people have stayed the same in how they react and respond to the potential in themselves, and others.

Curious…

HIT Piece 8.02.2016

August is an interesting month.

The number of “out of office” email autoresponders goes up, even as the number of deal goes down.

Clients become immune to appeals to work, even as the days grow hotter and more humid.

Sales calls become more difficult, primarily because no one on the other end of the call can say “yes” to a proposal, but almost every person on the other end can say “no.”

Motivation drops as the temperature rises and the people who do the best in the month of August seem to be the ones who go on vacation the most.

And then there’s the flipside.

Some people double down on work, and try to become more focused on setting up the next quarter, so that when September, October, November, and even December arrive, they can finish the year strong.

For those people, August is a frustration and a slog. A grind through other people’s decisions and motivations, without an end. It becomes a time to refocus on what matter to them and their grind, rather than focusing on what can make them the most dollars.

For me, August is a combination of all of those things.

[Advice] There Are No Shortcuts…

The quality, or trait, of getting up and doing what needs to be done, particularly when you don’t want to do it, is sometimes called “will” or “grit” or “courage.”

But these are fancy labels for something a lot deeper that people can’t really, collectively describe.

And anybody who wants to make a dent in the universe, no matter how big or small, must possess this trait in great quantities if they are to make the dent they want to make.

Unfortunately, the audience on the outside of the dent making process, overrate the effect of the trait (the “dent”), and underrate the ability to engage with the getting toward the goal (the “will” or “grit” or “courage”).

Which is why there is so much coveting of the outcomes of exercising the “will” or “grit” or “courage.”

Which results in jealousy and envy on the part of members of the audience.

Which winds up with members of the audience expending valuable energy engaging with manipulation and deceit, rather than hard work, diligence, and patience.

There are no shortcuts to making a dent in the universe, no matter how much we might like there to be.

[Opinion] The Quality of Mercy Doesn’t Scale…and Never Will…

From the Coliseum to Facebook, there has rarely been any mercy from the mob watching the participants in the arena.

The reason the writers of the Constitution favored a Republic over all else, was that they believed the mob was a dangerous, unpredictable force that moved without logic, rationality, reason, or mercy. And then the horrors of the French Revolution proved them correct about human nature.

In modern times, we have psychological and sociological surveys, assessments, and experiments, that show that when it is possible for individuals to stand-by, and watch degradations happen to others, people will. This is called the Bystander Effect.

In modern times, we have psychological and sociological surveys, assessments, and experiments, that show that when it is possible for the mass of people to suffer the injustices of the moment as long as those injustices do not personally affect them in any way, people will. This is called social proofing.

In modern times, we have psychological and sociological surveys, assessments, and experiments, that show that when it is possible to go along with others en masse as an event of any kind happens, because that even happening confirms a belief deeply and long held, people will. This is called confirmation bias.

The quality of mercy comes about when you know someone personally; when you are connected to their story intimately; and when you empathize with their struggle in a real and powerful way.

The quality of mercy cannot scale.

The outcomes of mercy—justice, forgiveness, reconciliation—can scale, but the actual quality of mercy comes along in an individualized process that cannot be scaled, and must instead be seeded, from one person to another.

No matter whether you’re among the mob watching in the Coliseum, or among the mob engaging on Facebook.

[Advice] Stare Uncomfortable in the Face

The part of the conflict process that is addressed the least (and the most) is the uncomfortable part.

Not the scary part, where you’re actually doing the hard work of resolving an issue with people that you may (or may not) like.

Not the uncomfortable part that comes after you’ve decided to do the work and now you have a choice of whether or not to continue forward when the going forward becomes difficult.

Not the difficult part that comes when you decide to take a step back and examine the entire conflict process and determine where your emotions are coming from.

The most uncomfortable part comes at the beginning of the conflict process, when the resistance is at the highest, and the need for assurance is the most critical, and when you are looking into the eyes of the other party and think:

“This isn’t going to work out.”

That’s the most uncomfortable part.

And we talk almost not at all about it because to do so would be to acknowledge that we might not be emotionally, spiritually, and even physically, strong enough to manage the ups and downs of a process we’d rather avoid.

But the uncomfortable part comes before avoiding. It comes before surrendering. It comes before delaying. It comes before confronting. And it comes before engaging.

The people who can stare the uncomfortable part of the conflict process in the face—and not blink—will be the people who will create teams, that will form organizations, that will win the future, by doing emotional work first, and every other labor second.

It all starts with being able to stare being uncomfortable in the face.

[Strategy] How to be the Nicky Barnes of Negotiation

The savvy entrepreneur in an ever changing business environment, should take a page from the book of entrepreneurs in other spaces. Particularly, that least savvy of all spaces, drug dealing.

Now, I am not advocating for drug-dealing, illicit drug use, or engaging in illegal activity.

Far from it.

What I am advocating for is looking at the techniques, practices, tips and trick that individuals who engage in the selling and distribution of illegal drugs use to negotiate in an ever changing, unpredictable market, filled with unpredictable, ever changing, personalities and people.

The business environment for illegal drugs is highly fluid, the market for drugs is inelastic, and the demand curve for illegal drugs is only trending upward (and has been for the last thirty or so years). From these three factors alone, we can also conclude that there is a lot of competition in the market for illicit drugs, thus there are competitors in the market that might be tempted to negotiate with each other with violence rather than with words.

Which is where the power of negotiation as a method of persuasion comes in.

In a situation where drugs are being dealt, contrary to popular opinion, the first move is not to get a weapon and being shooting—that’s actually the last move. The first move is to talk.

Particularly as a person moves up higher and higher in the ranks of the entrepreneurial, drug-dealing world, talk matters more than violence (of any kind), which is why “foot soldiers” in gangs engaged in drug dealing tend to have arrest records far longer and more extensive than the arrest records of the “big fish.”

Because, much like the CEO of a modern corporation (or a start-up founder) the higher you go in an organization, the less impetus there is for immediate resolution, and the more impetus there is for the tools and techniques of persuasion.

From Nicky Barnes to Frank Lucas and even to Pablo Escobar, negotiation was used first, and then when that didn’t work, methods of persuasion became more direct—and more violent.

But what does all of this have to do with the modern entrepreneur, trying to move units of their latest, greatest mobile phone app? There are a few tips to remember:

Entrepreneurs like a good argument: With the market, with their partners, with their competition, and even with their employees. However, remember that argumentation breaks down into three areas: arguments designed to persuade, arguments, design to advocate, and arguments designed to provide proof of a point. An argument will almost always lead to some issues that negotiation will have to work through.

Entrepreneurs need to remember that negotiation is about trust, reciprocation, commitment, and consistency. Even in the world of drug dealing, (remember, inelastic, highly competitive markets) there has to be a system of trust based in reciprocation (“I do for you, you do for me”) commitment, and consistency, or else every person will be for themselves. Coalitions, agreements, and mutual understandings come about through effective negotiation.

Entrepreneurs are sometimes less interested in persuasion than they are in being “right” or “winning” the argument or the negotiation. Persuasion is about watching language, active listening, rephrasing and paraphrasing, and having an active, engaged memory. In order to engage effectively and persuasively, remember that no negotiation scenario (whether around drugs or mobile phone apps or even a peace building process) is “pure.” There are always emotions, triggers, and other elements that each party brings to the negotiation table that have to be addressed at the negotiation table. When those issues and concerns are ignored, dismissed, or otherwise not acknowledged, resentment and bitterness begin to grow in the heart of the aggrieved party.

Negotiation is a method of persuasion that every entrepreneur should value, no matter what empire (or “dent” in the universe) they are seeking to make.

HIT Piece 7.26.2016

This is the era of anxiety.

In an era with no major wars, major poverty, major environmental destruction, or seemingly major negative events, humanity (at least in the Internet connected Western world) seeks to gaze in wonder at its own navel.

This is the era of anxiety.

If the thesis is to be believed (at least in the Internet connected Western world), major violence is way down, so minor acts of individualized violence seem to ring out more—and invite more of the draconian calls for cures that would’ve been applied to truly monumental acts of evil.

This is the era of anxiety.

Humanity (at least in the Internet connected Western world) lives in the shadow of Industrialization, surrounded by the evidence of cities our grandparents built, roads and bridges our grandparents’ politicians voted for, and secure in the knowledge that the water, the air, and the food will be better than it ever was.

This is the era of anxiety.

In the Internet connected Western world, children go to school and have a chance at literacy, and success, at a far greater rate than any other generation of human beings before in the history of civilization (where usually children were ignored, killed outright, or worked to death—and still are in many parts of the world) and still it’s not enough to assuage our fears that they are “missing” something.

This is the era of anxiety.

In the Internet connected Western world, we stare at and idolize those that seem to be living better lives than ours, and yet we are more comfortable, safe, and healthy than even before. And the material wealth is in an abundance that would make the Greeks blush with envy.

This is the era of anxiety.

Maybe our problems aren’t material, or physical, psychological, or financial, emotional or even mental.

Maybe we’re so anxious because we’re missing something we can’t buy, rent, steal, or copy.

Maybe we’re so anxious because mortality proves that “this too shall pass” as irrevocably as wind on the mountain and nature, red in tooth and claw.

Maybe we’re so anxious because we know that for all of our knowledge, we lack truly defining wisdom.

And maybe this is the era of anxiety because our spiritual lives are a mess, full of conflicts with the world, with ourselves, with our pasts, and with our presents.

I have chosen to be not afraid.

I have chosen to reject anxiety and the messengers who would seek to deliver it, so that I click, they sell, and I can be persuaded to buy—attempting to fill a spiritual hole that can never be fully closed.

[Strategy] My Mind is Made Up

“My mind is made up.”

Well…ok then.

Your mindset, your framing of the world and the way that it’s ‘supposed’ to work, your story that you tell yourself about your conflicts, disputes, and differences of opinion, can be changed.

Unlike in the old Ten Commandments movie from back in the day, your ideas and stories developed over time. They weren’t etched irrevocably in granite tablets and then thrust upon you.

Though sometimes it may feel like that.

At least once (or maybe twice) in every training opportunity, there comes a moment to challenge a frame or a mindset, or a story, about how something ‘should’ or ‘ought’ to work. And at that moment, the phrase “your frame—your worldview—got here before the facilitator did” pops out of the trainer’s mouth.

But even this statement betrays a mindset, a story, a frame of references around the malleability of these frames, and the biological ability for a person to change their, already made up, minds.

The ability to shift frames, and to change them based on the persuasion of new knowledge, is not a sign of a lack of consistency—the crowd (e.g. other people) makes sure that you are remain consistent, even unto rhetorical death—instead, it is a sign that the window dressing of our frames, stories, and mindsets, can be changed and are flexible.

Mediation, conflict resolution, conflict coaching, conflict engagement, negotiation: all of these processes exist to persuade you that your mind can be changed; and in some cases, to persuade you that changing your mind may lead to more positive outcomes than the ones that you have been experiencing all this time.

But sometimes, people don’t want different outcomes.

Sometimes, parties in conflict get unnerved by participating what they perceive as processes that involve too much “second guessing” and “over thinking.”

Sometimes parties in conflict want affirmations, reassurances, and confirmation that their story is the right one and the only one with any validity in the marketplace of ideas.

So when one party’s mind is “made up” the question becomes: As the party on the opposite side of the table, are you ready, willing, and able to engage in the hard emotional labor of changing that other party’s mind?

Or is your mind now made up as well?

[Opinion] Storytelling in Your Dispute

Stories come from mental models, or frames.

Many stories are so deeply felt, so deeply ideated, that they transform in conflicts from mental models and frames into marks of identity.

And then you’re not having a conflict where someone else’s narrative is driving the conflict.

You’re having a conflict with someone else’s deeply held identity.

And people will always fight to protect their identity, because to lose that identity would mean abandoning all the stories that have been told before.

There are people who would rather lose the conflict on their identity, rather than change their stories to understand current narratives and events.

Misunderstanding and “misunderestimating” someone else’s identity, through mocking it, dismissing it, ignoring its power, or reacting to it with fear rather than faith, will always lead to you being surprised by the outcome of the conflict.