Conflict – understand-culture

Willing to argue

The dictionary defines streitbar as follows: [constantly] prepared, having the will to, argue, with someone over something, to critically and activelydispute something; to fight for or about something, to take a stand for something or someone, a fighter; [older] prepared for battle; warrior-like, brave.

The adjective streitbar has a very positive connotation in the German language. In recalling famous persons one often reads the sentence Er war streitbar – he was streitbar.

Politicians are ever more frequently characterized as being streitbar. Streitbar does not mean that one seeks out conflicts in a negative sense. Rather, it means to stand up for ones beliefs, and not avoid serious confrontations.

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.

First-mover advantage

First-mover advantage is gained by the first significant player in a market segment who gains control of resources that other participants in the market cannot match. Amazon had a first mover advantage over Barnes & Noble. Amazon maintained its advantage by partnering with Borders and extending product offerings into apparel, electronics, toys and housewares.

Rarely is a project, large or small, completed within schedule, within budget and meeting fully, much less exceeding, the specifications of the customer. The business world is seldom that simple. In the American business context quality is more likely to be sacrificed than schedule or budget. Americans expect products and services on-time, and at the price they agreed to. Quality – in the sense of completeness – can be made up for with extra effort.

When it comes to that magic triangle – schedule, budget, quality – the first two usually trump the third, in the U.S.

Trump. A card of a suit any of whose cards will win over a card that is not of this suit —called also trump card; a decisive overriding factor or final resource.

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).

“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.

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.

Court Case Duration

Court cases in German can last between 4 and 24 months, some as long as 36 months. A recent law allows the parties in a court case to demand that the court system speed up its proceedings.

German companies promise their employees that internal conflicts will be moderated and resolved within two months. If no resolution is found, the conflict parties have the right to escalate their case to the next level of management.

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.

Magistrate

The German State of Thüringen (Thuringia) analyzed aspects of its judicial system. It recommended that magistrates (judges) hold separate hearings with the parties in conflict. Separate hearings are considered to be “besonders hilfreich” – especially helpful.

Many attorneys were quoted praising the advantages of separate hearings: “loose, relaxed atmosphere; room to discuss matters other than the conflict itself; each side feels they are taken seriiously; an opportunity to present one’s viewpoint without the other party attacking it; creates a constructive communication climate.”

One of the magistrates underscored the value of holding separate hearings: “For me the most important part of the mediation is the hearing with each party separately. Points are made which are very important to the respective conflict party, points which helped me to better understand the nature of the conflict and which led us to a breakthrough.”

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.