United States – Page 26 – understand-culture

Fair Hearing

“A fair hearing is a judicial proceeding that is conducted in such a manner as to conform to fundamental concepts of justice and equality.

A fair hearing means that an individual will have an opportunity to present evidence to support his or her case and to discover what evidence exists against him or her . . . . during which time he or she may offer evidence, cross-examine opposition witnesses, and offer a defense.”

In criminal law, when an individual is arrested, a fair hearing means the right to be notified of the charge being brought against him or her and the chance to meet that charge.

Source: legal-dictionary.thefreedictionary(dot)com/fair+hearing

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.

Embrace Conflict

In 2012, American business magazine Forbes published an article that lists several keys to dealing with workplace conflict. In the article, the author suggests that every business leader should adhere to the principle “don’t fear conflict; embrace it – it’s your job.”

The article also recommends that every conflict should be resolved quickly, and, if possible, business leaders should identify people who are likely to get into conflicts and stage pre-conflict interventions with everyone who seems likely to become involved.

Another article from About Money lists actions to avoid when resolving workplace conflicts. The top two points on the list advise leaders not to avoid conflict and not to meet separately with the people in conflict. Most articles from American business journals include similar advice.

“It was me, but ….”

There are numerous cases brought to court in America each year. Some of these involve suspects who wish to clarify their misdeeds amongst public discourse. This is particularly prevalent in the current case regarding the suspect of the Boston Marathon Bombings.

The suspect in the case pleaded not guilty although his defense lawyer admits “it was him.” This brings about the right to appear in court to argue your side of the story and expect a fair hearing followed by a fair trial.

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

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.

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.“