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.
Anyone in Germany who has ever attented school knows about Schlichterausbildung – Conflict Resolution Training. It is a workshop in which high school students learn how to defuse and resolve conflicts peacefully, how to reach a compromise which both conflict parties can accept.
There are also Schlichter – conflice resolution experts – in the German court system, and in many public organizations. Often they handle conflicts at the national level, such as the one surrounding the total remodeling of Stuttgart’s Main Train Station.
The conflict resolution method taught in German schools has several steps: 1. Calm down the conflict parties. 2. Communicate in the first person (“I”). 3. See the conflict from the viewpoint of the other party. 4. Admit to you are a part of the conflict. 5. Look for a resolution via brainstorming. 6. Agree to the resolution. Apologize. Thank.
These straightforward steps are representative for the German need for harmony and mutual respect. Conflict is not resolved when one party gets his or her way. Instead, conflict is resolved when a compromise is found which is equitable and acceptable for both sides.
Both sides in the conflict should have the impression that their viewpoint, opinion, position have been listened to, understood, respected and considered in the resolution. This desire for harmony is in stark contrast to the cliché that Germans are authoritarian, that they rely on strict structures of hierarchy.
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.
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.
“A broken bone can heal, but the wound a word opens can fester forever.” Jessamyn West – librarian and blogger.
“It is typical of women to fester and ferment over disappointments, slights, annoyances, angers, etc.” Laura Schlessinger – American author on relationships.
“Too often, a problem is allowed to fester until it reaches a crisis point, and the American people are left asking the question: what went wrong and why?” Darrell Issa, Member of the U.S. Congress.
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.
Wall Street Journal, February 2014. “The High Cost of Avoiding Conflict at Work.” Joann S. Lublin
David Dotlich, a leadership and succession coach, has identified eagerness to please as one of the top reasons that executives fail.
Keen to innovate faster, employers increasingly choose bosses astute at dealing with conflict rather than ducking it, says Judith Glaser, an executive coach and author of the new book, Conversational Intelligence.
It’s not that firms want contentious leaders, but those who retreat from confrontation tend to postpone hard decisions and allow problems to fester, according to Ms. Glaser.
And with more businesses relying on teamwork, top managers’ conflict-resolution skills are in greater demand, adds Theodore Dysart, a vice chairman of Heidrick & Struggles International Inc., a major executive-recruitment firm.
Southwest Airlines Co. leaders wanted to shake up what they viewed as a culture of artificial harmony among staffers. The company now promotes middle managers to executive positions partly based on their ability to spark conflict among staffers.
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.
Verdict: The finding or decision of a jury on the matter submitted to it in trial; opinion, judgement. Middle English verdit, verdict. From Anglo-French veirdit, true + dictum.
Accept: To receive willingly; to give admittance or approval to; to endure without protest or reaction; to recognize as true; to make a favorable response to; to agree to undertake. Middle English, from Anglo-French accepter, from Latin acceptare, accipere to receive, from ad- + capere to take.
Revenge: To avenge (as oneself) usually by retaliating in kind or degree; to inflict injury in return for. From Anglo-French revenger, revengier, from re- + venger to avenge.
Grudge: To be unwilling to give or admit; give or allow reluctantly or resentfully. Middle English grucchen, grudgen to grumble, complain, from Middle High German grogezen, to howl.
TIME magazine was created in America in 1923 by Henry Luce and Briton Hadden. It was the first weekly news magazine in the US and its founders originally intended to call it Facts. However, because Luce and Briton wanted to keep their magazine brief (something that busy people could read in about an hour), they decided to change its name to Time and use the slogan “Take Time – It’s Brief.”
Largely thanks to its brief format, Time almost immediately surpassed its closest competitor, The Literary Digest. In fact, the magazine was so popular that in “History of Time Magazine” David Wallechinsky and Irving Wallace wrote “if Time liked them, they marched or strode; if not, they shuffled, straggled, shambled, plodded, lumbered, barged, swaggered, wobbled, or slouched.”
These days, Time magazine is still the most popular weekly news magazine in the US, and has been since its creation, with the only exception of Newsweek, which briefly overtook Time during the Vietnam War.