words Archives - Page 51 of 64 - understand-culture

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.

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.

Discernment

Discernment: the right to choose what should be done in a particular situation; the quality of being careful about what you do and say so that people will not be embarrassed or offended; the quality of being discreet.

Showing discernment or good judgment: the ability to make responsible decisions; individual choice or judgment; the power of free decision or latitude of choice within certain legal bounds; separating or distinguishing.

First Known Use: 14th century. Synonyms: discreetness, common sense, horse sense, levelheadedness. Antonyms: imprudence, indiscretion

Source: MerriamWebster online.

Appeal

The American judicial system 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.

Products thinking with

Mitdenken – thinking with – meaning thoughtful, deliberate, reasoned action taking into consideration possible advantages and disadvantages, is clearly a German character trait. It should not be a surprise that there are How-to books advising managers on how to think with.

Along with people in Germany who think with there are also products in Germany which think with, developed to make life easier, safer and more comfortable.

They are often referred to in English as smart. Smart packaging which inform consumers about the product. Smart materials in eyeglasse which dim when sunlight is too bright. Smart wind turbines which turn automatically to the wind in order optimize electricity gain.

Smart automobiles whose steering wheel notices if the driver is falling asleep and sets off an alarm. Such cars also have smart headlights which adjust to oncoming traffic and read speed limit signs and inform the driver.

Tools serve

Tool: A handheld device that aids in accomplishing a task; something such as an instrument or apparatus used in performing an operation or necessary in the practice of a vocation or profession; an element of a computer program that activates and controls a particular function; a means to an end; one that is used or manipulated by another.

Americans use the term tool in many different situations. A tool is practical, pragmatic, singular, specialized. They are always at hand, simple, easy to use, precise. A tool does exactly what the user wants it to. They are not only physical and mechanical, like a hammer, screwdriver, a wrench. Tools can assist with sophisticated tasks, including those purely mental, such as software, financial analytical tools. Intelligent tools are only as intelligent as the people who created and those using them.

Programmable appliances: Appliances like microwaves and coffee makers are becoming increasingly sophisticated, with added features such as programmable start/stop functions and alarms. Modern appliances are much easier to use and program than previous generations. They are frequently redesigned to be more user friendly. This is a response to consumers’ demands for products which do much of the thinking for them.

Easy to use: Intelligent products can be used by not so intelligent people. Most modern products – including household appliances, automobiles, computers & software, tablets, smartphones, electronics in general – employ large, simple displays with large buttons and easy to follow protocols. They are designed to be simple and to avoid overwhelming users with low-value, distracting features. Although more advanced features are often possible, they do not crowd out the simplicity of the product. All possible measures are taken to make the product as easy to use as possible.

It is up to the customer to decide the level of sophistication they seek in a product. The most basic models are always available for beginners, while many companies offer far more advanced models of appliances or electronics for more knowledgeable users. For example, there are various levels of stereos and TVs for consumers who want different features and levels of sophistication.

iPhone OS as a tool: One example of a simplistic, intelligent tool is the operating system of Apple products like the iPhone and iPod. Apple favors an elegant, easy to use design over more complex designs. Most people can quickly figure out how to use an Apple product by simply using their fingers and following on-screen prompts. Options are limited and presented in a layered, decision tree fashion. Many other electronic and appliance products have begun to employ similarly simplistic and user friendly designs.

Conflict Resolution Training

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.

Mitdenken

Mitdenken – literally mit with + denken thinking. With-thinking or thinking with. A very German word. There is hardly a German who has not heard this word repeatedly, from their parents, in school, from their driving instructor, or their boss. They all stress, expect, demand Mitdenken. But what does Mitdenken mean?

Duden, one of Germany’s most prestigious dictionaries, offers a brief but complex definition: „etwas denkend bei einer Tätigkeit nachvollziehen.” Literally: “something thinking during a task comprehending.”

Grammatically this formulation does not work in English. Its meaning, however, is: while you are performing a task, a job, an activity, be aware of how and why you are doing it, in the sense that you are recapitulating or reproducing in your mind how and why the task should be done in a certain way.

Duden also states: “nicht gedankenlos, sondern mit Überlegung vorgehen.“ This is easier to understand. Literally: “not thoughtless, but with Überlegung (consideration, reflection, thought, observation, deliberation) proceed.” In other words, think through carefully what you do while you are doing it.

A German online dictionary states: “think clearly about what is to be done; for this work we need someone, who can think-with; students should learn to think-with; we need young people who can think-with.”

Mitdenken is also defined as „etwas mit anderen Gedanken zusammen denken” – literally: “something with other thoughts combined think.” Meaning: to think about something while combining other thoughts with it.

Smart

Smart power: In international relations, the term smart power refers to the combination of hard and soft power strategies. It is defined by the Center for Strategic and International Studies as “an approach that underscores the necessity of a strong military, but also invests heavily in alliances, partnerships, and institutions of all levels to expand American influence and establish legitimacy of American action.

It is smart because it achieves the desired outcome with the minimum amount of effort and utilizes every available resource. It focuses on the desired political effect.

Intelligent products: Products increasingly rely on technology that thinks for the user. Some examples are social networking (Facebook, Twitter, etc.), smart phones, software, weapons systems, and home automation systems.

Social networking now includes functions that match peoples’ networks and interests and suggest friends or connections. This decreases the amount of time that a user needs to search for users similar to themselves. Smart phones include voice recognition software and question-answer functions like the popular Siri function of the iPhone 4S. Software often reminds users to complete tasks like upgrading software or checks to ensure a user intended to take a certain action.

Weapons systems enable troops to save time by identifying friendly and hostile forces and automatically alerting allied troops of nearby threats. In the home automation sector, technologies such as the Nest thermostat learns the patterns of its users and automatically adjusts the temperature of the home in accordance with previous trends.

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.