Conflict – Page 8 – understand-culture

Sworn Testimony

During a hearing, called by their boss, Americans are careful, factual, cooperative. Most importantly they are discreet. Anger, impatience, any lack of self control is considered to be unprofessional.

The boss listens carefully to what each party to the conflict claims. In a formal hearing, within the legal system, parties providing testimony first swear that they will provide „the truth, the whole truth, nothing but the truth.“

The consequences for lying – perjury – are serious: a felony which can lead to a prison sentence for up to five years.

Perjury: the voluntary violation of an oath or vow either by swearing to what is untrue or by omission to do what has been promised under oath; false swearing.

American managers take very seriously their obligation, duty, responsibility to resolve conflicts within their organizations. Any attempt by a conflict party to manipulate that process is punished quickly and severely.

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

Life on Mars

In January of 2014, NASA’s Mars rover Opportunity took a picture of a location that it had recently photographed (12 Martian days earlier), but now there was a new object in the image.

Nicknamed “The Jelly Donut” NASA assumed that the rover had caused a nearby rock to move, but because of the odd appearance of the rock, decided to conduct a short investigation of the object.

However, neurologist and author Rhawn Joseph didn’t believe that NASA was doing enough to investigate, and demanded that NASA perform a much more thorough examination of what he called “a biological specimen on Mars.”

When the organization didn’t respond, Joseph filed a lawsuit to compel NASA “to perform a public, scientific, and statutory duty which is to closely photograph and thoroughly scientifically examine and investigate a putative biological organism.”

Additionally, because NASA referred to the object as a rock, not a biological lifeform, Joseph also made sure to claim that the discovery of life on Mars was done “by Petitioner” (a.k.a. Joseph himself).

Litigious

Litigious: To be litigious means to argue, to contend, to take your dispute to the courts. American society has become very litigious. With a population of roughly 310 million people, the U.S. has 1.2 million attorneys, 200 law schools, graduating approximately 45,000 lawyers each and every year. The court of law is where conflict is resolved.

How conflict is resolved is foundational to any society. It is a system for balancing out conflicting interest. Conflict resolution is so central to our daily lives, in so many or our interactions, that we are continuously fascinated by how they play out.

This fascination is the reason why many movies and television shows are based on the law and legal proceedings. Among the most popular in the U.S. were: L.A. Law (1986-94), the classic Perry Mason (1957-66), The Defenders (1961-65), Law & Order (1990-2010).

The popularity of these shows has led to the reality court room shows, a combination of reality television and the workings of the American legal system. The best known are Judge Judy, The People‘s Court and Divorce Court.

6th Amendment, again

The Sixth Amendment states: „In all criminal prosecutions, the accused shall enjoy the right … 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, ….“

For Americans, whether in the legal system or in the workplace, the right to a hearing is fundamental. The hearing allows for the parties in conflict to make their arguments and counter-arguments. It is the beginning of the formal process of conflict resolution. Americans expect the team lead to call a hearing quickly.

In a fair hearing the conflict parties have the opportunity to present evidence – including witnesses – and to discover what evidence is brought against them. The hearing also allows for questioning (cross-examination) of the opposing party‘s witnesses. A hearing is only fair if it is administered by an impartial third party.

In the American business context the manager, as judge, may resolve the conflict based on those arguments and counter-arguments, or use the hearing as a basis for further investigation into the reasons for the conflict.

Because American managers are responsible for the results their teams produce, they focus on maintaining internal team cohesion. Conflict of any kind threatens cohesion. After having learned of an internal conflict, American managers are inclined to call the conflict parties together at very short notice. That first hearing is direct, informal and personal. The manager wants to „get to the bottom of the problem.“

Resolve

Conflict: Fight, battle, war; competitive or opposing action of incompatibles; antagonistic state or action as of divergent ideas, interests, or persons; mental struggle resulting from incompatible or opposing needs, drives, wishes, or external or internal demands; the opposition of persons or forces that gives rise to the dramatic action in a drama or fiction. From Latin conflictus act of striking together, from confligere to strike together.

Escalate: To increase in extent, volume, number, amount, intensity, or scope. From escalator.

Resolve: Break up, separate; to reduce by analysis; to deal with successfully, clear up; to find an answer to; to make clear or understandable; to reach a firm decision about; to declare or decide by a formal resolution and vote; to make (as voice parts) progress from dissonance to consonance; to become separated into component parts; From Latin resolvere to unloose, dissolve, release.

“Whistleblowing”

Even if an American loses a conflict within a company, after having escalated it once or twice, if he/she strongly believes to be in the right, it is not uncommon for that American to seek an even higher authority – the public at large. When that happens, the person who exposes the conflict is called a “whistleblower.”

Edward Snowden was working for the NSA when he publicly accused them of spying. Snowden said that the reason why he decided to make his accusations public was that he “can’t in good conscience allow the U.S. government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they’re secretly building.”

In 2014, former State Department official John Tye wrote an editorial in The Washington Post in which he discussed his concerns about his department.

Thomas Drake was an executive in the NSA (National Security Agency) when he began to disagree with the agency’s policies. After several attempts to address his concerns internally, Drake decided to make his complaints public and turned to reporter Siobhan Gorman in 2006.

Reality TV

One of the most popular genres of television in the U.S. is reality tv. In 2001, two of the top ten most popular primetime television shows in America were reality tv shows, compared to six in 2011.

Many of these shows focus on conflict and personal drama as their main premises. Even when the show’s premise is about something unrelated to the dispute, such as singing on the “X Factor” or cooking on “Top Chef”, the actual episodes invariably focus on the conflicts between the cast members and/or their family and friends at home.

In 2011, an American reality TV show H8R filmed various celebrities as they confronted people who were critical of their success. It was marketed as giving celebrities a chance to try to change the minds of the people who hated them. The primary appeal of this show was that it would allow these conflicts to be discussed publicly.

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.“

Isn’t that what management is paid for?

Americans and Germans have very different expectations about how to manage interpersonal conflicts when they arise, which can lead to huge misunderstandings. As part of an ongoing series of articles, an American consultant living in Germany offers some advice.

When Germans and American collaborate, there will be conflict. This is normal. However, their respective approaches to conflict resolution differ. These differences, if not understood and properly balanced, can hinder just and lasting conflict resolution. And unresolved conflict threatens collaboration and success.