[Strategy] Managing the Conflict You’re In

There are ways of managing conflict that involve using the weight of the other party’s assumptions, expectations, and emotional residue in order to create different conflict outcomes.

There are three things to understand in considering how to use the “throw” weight of another party in conflict:

Which quadrant are you in, and which quadrant are they in? Parties in opposite quadrants (i.e. accommodator/controller or collaborator/avoider) rarely interact productively in conflict scenarios, particularly when stress levels are high, mistrust is rampant and miscommunication is the coin of the realm. Knowing your own preferred conflict management style is critical to understanding what kind of assumptions, expectations, and emotional residue from past conflicts you are going to have to manage in yourself before beginning to manage the other party’s. Managing the Conflict Youre In

What is in their quadrant? Accommodators think of managing conflict as a process where being unassertive and cooperative is the way to manage others, and themselves. Competitors think of managing conflict through behaviors that tend to be viewed by others as assertive, but not cooperative.

A person who chooses competition is always going to be frustrated with an accommodator and eventually, a party who baseline is accommodation will either get stressed in the conflict because of do too much of the emotional work; or, they might decide to stop engaging in pointless self-sacrifice.

Avoiders (and many parties in conflicts in business and in life self-identify their behaviors as conflict avoiding) manage the process by being both unassertive and uncooperative with others. In the opposite quadrant are conflict collaborators, who view the process of conflict as one that increases the pie of value and options. Opposite from avoiders, collaborators are both assertive and cooperative.

A party that has collaboration as their baseline is going to be constantly frustrated by the lack of cooperation between themselves and a conflict avoider. And the avoider is going to go out of their way to avoid collaborating—or engaging with any of the other conflict management styles, until there arises an opportunity to work the conflict in their favor.

Then there are the “ditches,” areas between the conflict management baseline styles where interesting things happen. This is where the jiu-jitsu begins in earnest, because these are the spaces where parties can recognize elements of other behavioral styles and use these elements strategically.

This use will be to either maintain the status quo (the ditch between an accommodator and a collaborator or between an avoider and a competitor) or to challenge the way that the conflict process is happening (the ditch between the accommodator and the avoider or the ditch between the collaborator and the competitor) and try another way.

How deep into compromising do you want to go? For a party with a baseline conflict management style defined by competition, compromise will feel like defeat. For a party with a baseline conflict management style defined by avoiding, compromise will be scary and tempting. For a party with a baseline style defined by accommodation, compromise will seem like gaining the Holy Grail, but at the expense of losing something else. For a party with a baseline conflict management style defined by collaborating, compromise will also seem like gaining the Holy Grail, and not losing anything at all in the process.

Going deep into compromise is a strategy, not a tactic. And preparing the parties to “go deep” into an area they don’t understand (and view through their differing frames and lenses in differing ways) is a risky strategy at best. But getting them to cross the ditch toward each other—a ditch filled with assumptions, expectations, and emotional residue from past attempts and failures to cross the ditch—is the second hardest work of managing conflict.

[Opinion] Trend Lines

There are monumental shifts happening everywhere, from politics to religion.

There are very few people really able to understand and analyze two things that happen at the same time:

The trend lines in culture, society, economics, and religion are moving in a certain direction.
The trend lines in technology, jobs, and employment are moving in a certain direction.

Trend lines tend to overlap, but the overwhelmingly human tendency in reaction to the feeling of overlapping, is to hunker down and protect, rather than to be open and collaborate, when the obvious end point of the direction of the trend lines becomes…well…obvious.

Emotionality confines us in our reactions and responses, and our human tendency is to react in the short term to maintain the status quo and to not worry about the future. The hard work is getting humans to shift from short-term thinking to practicing long-term empathy.

However, trend lines are not inevitable.

Neither are the goals that trend lines seem to lead to.

But they can become inevitable through our own macro inaction.

[Strategy] The Wisdom of Solomon Matters

There was once two women, who both claimed ownership of one child.

In an attempt to determine to whom, the baby actually belonged, (or who was the biological mother) the king decided to physically threaten the child in the presence of the two women through proposing to bisect the child.

The women who was the child’s mother protested. The other women kept silent and the baby was returned to its biological mother.

This story is ancient and hails from a time before lie detectors, biometric scans, and even neurolinguistics; which is why, it cuts to the heart of two human truths:

The women who claimed ownership of the children were both driven by ineluctable inner needs.
Threatening to bisect the baby focused the women’s attention on those things that matter.

Both of these truths are self-evident in a negotiation scenario. But here’s the thing: Sometime, it’s okay to let the baby be bisected.

Sometimes, parties need to experience the shock and trauma of loss, but not on their terms, in order to return to the table and negotiate for a better outcome.

When dealing with human lives (and “baby splitting” happens all the time in preparations for warfare) parties often count the cost and then decide to go ahead with a disastrous action. And out of that disaster comes new opportunities to focus parties on what matters, rather than getting trapped in the weeds of irrelevancies that may have previously dominated the conversation.

Parties in conflict can be lazy, deceptive, self-serving, myopic, and greedy. Clarity of purpose, drive, focus on attaining tangible outcomes that matter, and developing a relationship with the other party often stall in the real world.

And it’s in the real world, outside of the theories of how human beings should and ought to work, that the wisdom of a mediator matters the most.

[Advice] Listening to the Linchpins

There are all of these stories out there.

A woman works in the billing department of a major company. She is passionate about her work, but she is also knowledgeable about tax laws. She sells vitamin supplements as a side hustle, and owns a piece of rental property. Her kids help her with the work on the rental property and she is able to buy them new Nikes.

A women owned her own business for ten years because she went to business school because her father wanted her to. She was always passionate about working with people. After ten years of operating and owning a business, she put that project aside to work in a company with people.

A man works to feed vulnerable populations at scale on a daily basis. He believes in the work so much, that he is running for political office as well.

A man knows more about food safety than you and I will ever know. He has trouble convincing his family though, that they should listen to him in his knowledge and take his advice. They all get sick following an outdoor picnic at a family reunion where the food was out, starting a cascade of conflict via text messages after the fact.

All of these people are linchpins. They create value and connection with the people around them, in order to grow their worlds. They are taking risks to expand their voices and the only thing that is stopping them from going further is themselves.

Listen to the stories around you.

The stories of the linchpins.

Because the chorus of stories is growing louder and louder and expanding out further and further and touching more and more lives in ways that matter.

[Strategy] The Three C’s

Clarity is the quality of being clear and understandable.

Candor is the quality of being open and honest in expression. Not transparent, not vulnerable, but truthful.

Courage is the quality of doing something that is frightening.

The character Mattie Ross in the Charles Portis book True Grit, published in 1968, is the rare character in fiction who is unvarnished in her candor, uncompromising in her clarity, and unwavering in her courage.

In the way of fictional female characters before her, from Lewis Carroll’s Alice to L. Frank Baum’s Dorothy and beyond, Mattie’s character stands out because without her making a decision and then communicating that decision, nothing much occurs.

With the three c’s, she is able to move the action of the plot forward, demand acknowledgement from other characters in the narrative, and is able to get engagement—but not resolution—to the issues which are driving her.

With the three c’s, Mattie is able to look at her world, her choices, and her circumstances without nostalgia—but not without regret.

With the three c’s, Mattie becomes the character with grit—that quality of resilience that often gets overlooked in the pursuit of happiness.

Fiction often reflects truths of life in ways that make us uncomfortable. This is because fiction shows, through the representation of “pretend,” that the traits we look for so hard in others, must be curated and developed in ourselves first.

[Advice] Evolving Cultural Sensibilities and ADR

As the economic, cultural, and spiritual forces that used to bind us together continue to refragment from overarching macro-cultures to indispensable micro-cultures, alternative dispute resolution practitioners must take notice.

Overarching macro-culture was driven by communal events, television, economic stability, and overarching cultural “norms” that allowed people to engage in conflicts and disputes with the same regularity they always have, but also allowed the impacts of those conflicts to be dampened.

Indispensable micro-culture is driven by technology, network connections that defy geography and notice, a dismissal of the status quo, and a strong identity component. People still have conflict in these micro-cultures (what used to be called “sub-cultures”). But the impacts of those conflicts are like wildfires that catch the masses attention for a moment, but without a “there” there, there is little sustained effort mounted to ameliorate the effects upon people in those micro-culture conflicts.

Conflict resolvers, conflict coaches, conflict engagers, mediators, arbitrators, and others have watched this evolution occur over the last fifty or so years, with greater acceleration, but the response to the evolution through providing access points to conflict resolution has not been as quick. This is mainly for three reasons:

Indispensable micro-culture is still seen as “niche” and not really enough to build a business model on by the entrepreneurial conflict resolver. This is a terrible fact, but except for some people doing some great work in resolving conflicts in specific areas with specific groups in conflicts (i.e. with parties in churches, with divorcing or separating pet owners, etc.) there is more focus by ADR professionals on how to gain credibility with the courts—still standing as the last guardians of a passing away overarching macro-culture.
There are still enough parties in conflict participating in the remaining civic life of a formerly overarching macro-culture. This is something that will pass away over time, but right now, there are enough of the “masses” left around that many professional conflict resolvers look at the problems and conflicts of that group and decide to address their issues first. Both as a way to make a “dent” in the universality of conflict, and to make money from a reliable income stream.
Refragmentation is still not understood—or accepted psychologically, emotionally, or spiritually—as an inevitable outcome of the erosion of the twin, post-World War 2 oligopolies of corporation and government. Now, this is not to say that government will disappear either now or later; but the fact is, that as conflicts and disputes between parties in indispensable micro-culture become harder and harder to understand, the overarching macro-culture responses from government entities (i.e. new laws, regulations, taxes, and fees) will be less and less effective. This is because indispensable micro-culture conflicts are driven by esoteric, identity based rules, that require conflict resolvers to engage in relationships with those cultures to resolve—and to go beyond the overarching macro-culture rubric of intercultural communication skill sets.

None of these three areas are that daunting to overcome. And once overcome, the business models to get ideas for resolution to people in conflict begin to overwhelm the entrepreneurial conflict resolver. All that is required to get there is the courage of conflict resolvers to act outside of the “box” they have been trained in.

[Opinion] How Do We Jiu-jitsu Our Own Clients

Mediators, negotiators, facilitators, lawyers, therapists, and analysts do it all the time.

When you understand the nature of the thing, it is almost impossible to avoid doing it.

When you do it, sometimes you feel as though you are manipulating somebody else into doing something that they wouldn’t normally do. But then you realize that kindness, patience, and humility begin to matter.

When it’s done, it’s done intentionally, not by accident, or even in a haphazard way, a reaction to something that another party said or did.

And yes, when you do it, you can still be taken by surprise. It just doesn’t happen as often.

In the past, people used to characterize it as “playing head games.” But really, once you understand that in many ways, individuals change, but the group doesn’t, then it’s less a “head game” and more a “gaming the system” game.

When you do it, you have to be careful to preserve the other party’s autonomy and rights to self-determination. Presenting all the options to get out of a conflict, without presenting the consequences as well (or even worse, allowing the other party’s imagination to ‘fill in the blanks’) lacks human empathy, and dares to challenge your own spiritual growth.

When it happens, it may seem like jiu-jitsu to someone watching from the outside (using the other party’s ‘throw weight’ of their language, rhetoric, ideas, or stories, against them), but the ability to

analyze,
listen actively and non-defensively,
hear a story succinctly,
and paraphrase that story back to the teller in the way the teller wants to hear it,

is not jiu-jitsu.

It’s just good form.

[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.