Nicaraguans

It was many years ago. In New Jersey. I met with a close friend – Michael – who I know from our days as students at Georgetown University in Washington, D.C. We don‘t see each other often, but when we do, we catch up very quickly. Michael went on to law school at Georgetown, then into the healthcare field. He is successful, has a solid marriage and four well-rounded daughters.

After our undergraduate degree I moved to Germany for a year, Michael along with eight other close friends went to Nicaragua in order to do development work organized by the Jesuits. They all took a summer-long crash course in Spanish, then moved in with Nicaraguan families in different villages.

When we met in New Jersey we discussed my work. Michael was very curious, but at the same time skeptical that cultural differences existed, or at least significant ones. I was quite surprised by his skepticism, since he had lived in a culture which was clearly different than the American. “I don‘t believe there are real differences, John. People are people.”

I threw a couple of examples out between Germans and Americans. He remained unconvinced. Perhaps the examples were too simple. We ate our sandwiches, sipped from our milkshakes, then it occurred to me that Michael is a trained attorney. I said: “Ok, let‘s take the law. Do you think that how conflicts are fundamentally resolved are the same in Germany and in the U.S.?” He was sure about the answer to that question. The law is the law, right?

Testing his patience, I went into some detail focusing on hearings. “Do you think when a team lead in a company resolves a conflict between team members that the German and the American team lead respectively will take the same approach?” A no-brainer for Michael: “Certainly.”

I went on to explain that Germans have a very strong tendancy to avoid an open hearing with the two conflict parties. Argument vs. counter-argument in front of next level management would only heighten the tension, making a resolution that much more complicated. Instead, the conflict resolver in the German cultural context is far more likely to interview each party separately and on a one-on-one basis.

“Americans, on the other hand”, I continued, “expect a fair hearing. The conflict resolution actually starts off when the conflict parties, in the presence of each other, make their case before the team lead, who, in the American business context, sees her-/himself as the judge.” Self-defense is only possible, if one knows what they are being accused of.

Michael had listened very carefully, raised his eyebrows, didn‘t respond at first, instead looked at me and reflected. Then he said: “I didn‘t know that about the Germans.” No, how could he? He had spent his entire life, with the exception of one year in Nicaragua, in the U.S. And he had studied law in the U.S.

Michael is a close friend. An intelligent, self-critical, reflective person. I‘ve known him for more than thirty years. And he had lived in a culture much different than the American. How could his operating assumption be that there are few, if any, significant cultural differences between Germany and the the U.S.? I encounter this time and again, and it always surprises me.

Case Law and the details

It occurred within my very first year working in the Bundestag for the CDU/CSU Parliamentary Group. There were some serious differences of opinion between me and my team lead, my boss. Apparently people at the highest level became aware of it. Within a few weeks I was simply informed – in a respectful, competent and intelligent way – that I would be moved into another team.

It had surprised me. At no time in the weeks leading up to the organizational change had anyone, not one person, spoken to me. Neither was I asked to describe the situation from my point of view, nor to suggest a possible resolution, nor was there any kind of meeting with my boss in order to talk things out.

In my years of consulting German companies I have come across many internal conflict situations which my clients need to resolve quickly, but prudently. I observe over and over again how they go about it in an almost stealthy way. Quiet, careful, in the background, unobserved. The German approach certainly works. Their society is extraordinarily peaceful, safe, predictable. The Germans know how to resolve conflicts effectively.

In case law every case is unique

A few months back I discussed this with a senior-level American who works very closely with Germany and who has Germans in her organization, including direct reports. We discussed the differences in approaches to conflict resolution.

„John, it‘s true that Germans, when resolving a conflict, will try to do it for all time, to create a kind of best practice out of it. I understand that.“ But it takes too long, Karen went on to say. „And besides, documenting a best practice doesn‘t help anyway.“ I asked why. „Because every conflict is different. People, details, circumstances.“

I agreed with Karen. We went on to speculate about the nature of case law in the Anglo-American legal tradition. Neither of us have any training in the law, but any educated American knows that a legal system based on case law, indeed, sees every case as unique. The system draws not only on the law, but also on precendence (how previous courts resolved the conflict), as well as on the actual details of the case.

„Developing a best practice is not worth the effort. Future conflicts, even if the same in nature, will differ in the details. And true justice has to address those details.“

understand-culture
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