United States – Page 59 – understand-culture

New car shoppers

In 2013 J.D. Power and Associates conducted a study to determine what factors influence Americans when purchasing vehicles. According to the report, the primary reason why shoppers avoid hybrids and electric vehicles is cost/price. Furthermore, gas mileage is the most influential factor in the decision process, and has been since a rise in gas prices in 2008.

One of the less important factors that Americans consider is reliability, with only 17% of new vehicle shoppers avoiding models with poor reputations for reliability. In fact, Americans put more importance on things like design and appearance than on reliability, with 33% of new vehicle shoppers avoiding models based on their exterior design.

24/7

The term 24/7 refers to something that is available all the time – 24 hours a day, 7 days a week. It was first used in print in the November 1983 edition of Sports Illustrated: “Jerry (Ice) Reynolds, one of the SEC’s two best freshmen by the end of last season, calls his jump shot ’24-7-365′, because ‘It’s good 24 hours a day, seven days a week, 365 days a year’.”

These days, the term 24/7 is largely used in the business world, especially for customer relations departments. Any business or service that is “24/7” is available for use at any time on any day of the week. In addition, in order to appear more “customer friendly,” to convenience, and sell better, many American businesses, organizations, projects, and books have even started including “24/7” in their name. Some examples include: 24/7 Wall St., America 24/7, and 24/7 Prayer International.

This was not the first time that stores used their opening hours in their names to attract customers. In 1946, the convenience store “Toe’m Store” changed its name to “7-Eleven” in order to reflect its new, unusually long hours – 7am to 11pm. 7-Eleven was also the first convenience store to stay open 24 hours on weekends. It did this in order to accommodate students at a local university.

Additionally, there is a website, 24-7stores(dot)com, which includes a store locator, so that people can find 24/7 stores near them, anywhere in the U.S.

Separate Hearings

German managers are trained to hold separate hearings with the conflict parties. The initial goal is to establish the root cause of the problem and to guage the intensity of the conflict. The German approach avoids a hearing involving both parties. Student mediators in German schools are taught the same method.

A hearing with both conflict parties present almost always leads to an escalation of tension. Emotions run high. Accusations and counter-accusations are made, often without any basis in fact. The mediator can quickly lose control of the situation.

That kind of a hearing only giesst Öl ins Feuer, literally pours oil into the fire; provoke another person; to push a difference of opinions into an open conflict.

The German term Herrschaftswissen, roughly translated as domination or control via better information, in the sense of knowledge is power, has a negative connotation. It signifies power of one over another based on the former‘s access to critical information.

German mediators strive to be better informed of all the details concerning a conflict than the conflict parties themselves. This not only prevents manipulation, it is the basis for resolving the problem.

Due Process

In the U.S. Constitution only one command is stated twice: in the 5th and 14th Amendments: „… or be deprived of life, liberty, or property, without due process of law ….“

This is known as the Due Process Clause, which guarantees that all levels of government in the U.S. must operate within the law and provide fair procedures.

The right of due process is deeply embedded in American thinking, and therefore in the thinking of Americans at the workplace. It is the promise, the guaranty, that a conflict will not be resolved without a process which is fair, transparent, and protects the rights of those involved in the conflict.

It is a question of fairness, of how Americans define what is just. Due Process. It’s what an American employee expects from their next-level management when that manager aims to resolve a conflict within the team.

Land of Lawyers

According to a recent survey, approximately 64% of American parents want their children to grow up to be lawyers. As a result, from a young age American children are taught to admire people who are skilled at presenting cases and winning arguments.

So much so that lawyer is the 14th most common answer that American children give to the question “What do you want to be when you grow up?” Lawyers defend their clients, especially in hearings

Get to the Roots

When German managers are asked to resolve a conflict, they aim to resolve it in a long-term, sustainable way. Their goal is to document a resolution which can be used time and again whenever a similar type of conflict occurs. Germans seek a best practice resolution and not one which is too tailored to the specific conflict.

At the same time Germans do not like being pushed into a decision. They demand time to think things over. Germans feel uncomfortable being asked to do something for which they have not prepared.

Conciliation

Conciliationis is an additional step proposed in the dispute resolution process.

The conciliator meets with the parties separately at a so-called pre-caucus. The purpose is to help each party release their pent up concerns enough to enable them to gain a broader perspective on the dispute.

The parties then meet together at a joint session, where they discuss directly with each other instead of through a mediator.

The conciliator is there to help the parties take responsibility for managing their own conflict, rather than to judge between the merits of the position of one party or the other.

6th Amendment

The Bill of Rights are first ten amendments to the U.S. Constitution which guaranty personal freedoms and limit governmental powers. The Sixth Amendment states:

„In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.“

The following part of the Sixth Amendment is named the confrontation clause: “In all criminal prosecutions, the accused shall enjoy the right … to be confronted with the witnesses against him.”

The Confrontation Clause has its roots in both English Common Law, protecting the right of cross-examination, and Roman Law, which guaranteed persons accused of a crime the right to look their accusers in the eye.

According to the Bible, Acts 25:16, the Roman Governor Festus, discussing the proper treatment of his prisoner, Paul, stated: “It is not the manner of the Romans to deliver any man up to die before the accused has met his accusers face-to-face, and has been given a chance to defend himself against the charges.“

trial of the century

The O.J. Simpson Trial (1994–1995): Known as the “trial of the century,” this highly publicized courtroom drama saw both prosecution and defense present their cases openly, with the accused and accusers present. The trial was televised, and the process was marked by direct confrontation and cross-examination, embodying the American value of open, adversarial hearings .

To judge

Judge: To form an opinion through careful weighing of evidence and testing of premises; to sit in judgement of, to try; to determine or pronounce after inquiry and deliberation; to govern, rule; to form an estimate or evaluation of; to form an opinion; to decide as a judge. Middle English juggen, from Anglo-French juger, from Latin judicare.

Mediate: Occupying a middle position; acting through an intervening agency; exhibiting indirect causation, connection, or relation. From Late Latin mediatus intermediate.

Fact: A thing done; the quality of being actual; something that has actual existence; an actual occurrence; a piece of information presented as having objective reality. From Latin factum.

Witness: Attestation of a fact or event; one that gives evidence; specifically: one who testifies in a cause or before a judicial tribunal; one asked to be present at a transaction so as to be able to testify to its having taken place; one who has personal knowledge of something; something serving as evidence or proof; public affirmation by word or example of usually religious faith or conviction. Middle English witnesse, from Old English witnes knowledge, testimony, witness, from wit.

Testimony: The tablets inscribed with the Mosaic law, the ark containing the tablets; a divine decree attested in the Scriptures; firsthand authentication of a fact; a solemn declaration usually made orally by a witness under oath in response to interrogation by a lawyer or authorized public official; an open acknowledgment. Middle English testimonie, Latin testimonium, from testis witness.