Conflict – Page 4 – understand-culture

Speedy Trial

Again, the Sixth Amendment to the U.S. Constitution states clearly what Americans expect: „In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial“

Various U.S. state and federal laws guaranty a more specific right to a speedy trial. In New York, for example, the prosecution (accuser) must be ready for trial within six months or the charges are dismissed. The Speedy Trial Act of 1974 established time limits for completing the various stages of a federal criminal case.

Americans anticipate that there team leads not only hold a first hearing promptly. They want the conflict resolution process to come to a conclusion, to a judgement, promptly as well. A manager who is slow to decide – to make the „judgement call“ – is seen as someone who has weak resolve. To have resolve means to deal with something.

Americans believe that maintaining forward movement is critical to the success of every team.

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.

“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.

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.

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.

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.

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.

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.

Eyewitness testimony

Eyewitness testimony is the account a bystander gives in the courtroom, describing what that person observed that occurred during the specific incident under investigation. This recollection is used as evidence to show what happened from a witness’ point of view.

Memory recall has been considered a credible source in the past, but has recently come under attack as forensics can now support psychologists in their claim that memories and individual perceptions are unreliable; being easily manipulated, altered, and biased.

Many U.S. states are now attempting to make changes in how eyewitness testimony is presented in court. Eyewitness testimony is a specialized focus within cognitive psychology.

Reconstructing Memories

“The uncritical acceptance of eyewitness accounts may stem from a popular misconception of how memory works. Many people believe that human memory works like a video recorder: the mind records events and then, on cue, plays back an exact replica of them.

On the contrary, psychologists have found that memories are reconstructed rather than played back each time we recall them. The act of remembering, says eminent memory researcher and psychologist Elizabeth F. Loftus of the University of California, Irvine, is “more akin to putting puzzle pieces together than retrieving a video recording.”

Even questioning by a lawyer can alter the witness’s testimony because fragments of the memory may unknowingly be combined with information provided by the questioner, leading to inaccurate recall.”

From: “Why Science Tells Us Not to Rely on Eyewitness Accounts”, Hal Arkowitz and Scott Lilienfeld. Scientific American magazine, January 8, 2009.