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.“

No Best Practice

Short-, mid-, long-term. Fast, faster, fastest. We know that Americans and Germans define those terms differently. So it is when resolving a conflict.

Germans seek lasting, best practice-like, resolutions. This requires more time upfront, but saves time by reducing the chances that the same or similar conflict arises. Should it arrive, the team need only refer back to the best practice resolution.

Americans seek pragmatic resolutions. Often “down and dirty”, neither elegant nor perfect, they are fast in order to maintain forward movement and team cohesion.

Americans rarely seek a best practice resolution to a given conflict. From their experience, every situation is unique. The context, the content, the people involved, the ramifications, may be similar, but are not the same. Resolution is not a matter of referring to a manual, a process description or an organizational chart.

Loose canons

Every culture has its definition of what effective leadership is. The ability to communicate criticism in a constructive and discreet manner is one of the most important skills required. Discretion, being a discreet person, handling sensitive issues discreetly, is essential not only to leading high performing teams, but for attracting and retaining high performing individuals.

Managers who are indiscreet, who voice their criticism of individual team members in the presence of others – colleagues, suppliers, customers – are considered to have poor interpersonal skills, to be negative, destructive, even mean spirited.

Americans refer to them as „loose cannons“ or as „time bombs.“ People do their best to avoid them. And talented team players do their best to find another, a better position within the company, or if necessary outside.

Indiscretion is a danger in the American business context. It is demotivating. It scares off talent.

„Show good judgement“

All parents in all cultures strive to teach their children how to show or exercize good judgement. They want to prepare them for difficult situations in life, in which they will have to make difficult decisions, without the benefit of parental help. American parents will, time and again, advise their children to show good judgement.

Judges – team leads – base their judgement on three sources: on any existing laws, regulations, statutes, rules, regulations; on precedents, meaning how those laws, regulations, etc. have been previously applied; and on the specific circumstances of the conflict. Good – fair – judgement balances the influence of all three.

The higher in the American legal system one looks, the older the average age is of the judges. Americans equate judgement with wisdom. And wisdom is based on intelligence and experience. It is defined as: Accumulated philosophic or scientific learning; ability to discern inner qualities and relationships, insight; good sense; generally accepted belief; a wise attitude, belief, or course of action; the teachings of the ancient wise men. Middle English, from Old English wīsdōm, from wīs wise. First known use before 12th century

A judge conducts a trial in an open court. The judge is impartial. Judges hear witnesses and any other evidence presented by the conflict parties. Judges assess the credibility and arguments of the parties, then issue a ruling based on their interpretation of the law and his or her own personal judgment. In some cases, the judge’s powers may be shared with a jury.

Americans expect their managers to resolve a conflict the way a judge would rule on a case: impartially, considering all of the facts and witness testimony (if any), using their own common sense and experience, but not in any way sharing their responsibility to „make the call“ with other members of management (no jury).

Intelligent, not independent

Team member to team lead. Product to consumer. Could there be a link between those two relationships? Could it be that how a culture defines the relationship between team lead and team member is similar or analogous to the relationship between the consumer (B2C) or the customer (B2B) on the one side and the product on the other? Between the consumer and the electronic device like a computer, tablet smartphone, or between the customer and a complex production system?

But analogous not in the sense that employees are tools, objects, inhuman – although certainly there are managers, organizations, companies who indeed treat their employees as means to an end. More in the sense that it is expected that the employee, the team member, get the job done, make work and life easier for management, for fellow employees, for internal or external customers.

In the American product philosophy, how intelligent should a product be: kitchen oven, washer, automobile, computers and their software, technologies which utilize forms of artificial intelligence? Intelligent in the sense of independent, of the user?

Just as the American team lead reserves the right to go from the strategic level down to the tactical in order to manage or even implement (player-coach), so too the American consumer (B2C) or customer (B2B) wants a product which can be managed, controlled, directed, steered, run.

See the print advertisements, including large banners for example in airports, stating „Company X runs SAP.“ Enterprise software, highly complex, but at the service, at the disposal, of the client.

Americans want intelligent products, yes, but not independent of purpose. And the user determines the purpose, not the product itself.

Shake up Harmony

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.

Fester

Americans – both team leads and team members – almost always prefer a suboptimal conflict resolution reached in a timely manner over an optimal resolution arrived at late. Americans refer to conflicts which fester. 

fester: to become painful and infected; to become worse as time passes; to cause increasing poisoning, irritation, or bitterness; to undergo or exist in a state of progressive deterioration; to make inflamed or corrupt; “We should deal with these problems now instead of allowing them to fester.”

First known use 14th century. Synonyms: break down, corrupt, decompose, disintegrate, decay, foul, mold, molder, perish, putrefy, rot, spoil.

Navel-gazing

Useless or excessive self-contemplation; self-absorption, self-centeredness, self-concern, self-interest, self-involvement, self-preoccupation, self-regard. Navel-gazing.

Too much self. Too little other. Self being the process, how the work is done. Other being those who should benefit from the work to be done, the output, the product or service.

The deeper Germans discuss and debate how the work is done – process – the more their American colleagues fear a turn from the outward to the inward. The link is lost between process (how the work is done) and the results.

Americans often have the sense that their German counterparts believe that process can solve any problem, address any challenge, even those which do not lend themselves to process. Leadership. Decision making. Business relationships. Process works with the measurable, the quantifiable, but less so to the immeasurable, the unquantifiable.

For Americans, process is a tool. Apply where applicable.

Repeal means Revise

The right to a speedy trial, the American expectation that conflicts within teams are resolved quickly, can indeed lead to judgements passed which are not ideal, optimal, right or even just.

Americans make decisions quickly, often hastily. But, if the decisions are narrow in scope – have been isolated – then they can be revised. There is time for reconsidering and revision. The parties involved in the decision can be brought back in.

This same logic applies to the American judicial system. It allows anyone sentenced in a court to appeal that sentence. An appeal is when the accused (and sentenced) can take their case from a lower to a higher court for review.

In the American business context, a team member who believes that the judgement is wrong, or the conflict resolution process was unfair, can ask to have that decision reviewed by next-level management or by a neutral third party within the company, typically the human resources department.

understand-culture
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.