Category Archives: Alternative Dispute Resolution

Turning Opposition to Understanding through Aikido

The Reactionary Tango

By Daniel Robin

Communication is like a dance … when it works, there’s a blending and cooperation that requires awareness and skill. Fortunately, only one partner needs to be skilled (though it takes lots less work when both are).

We all bring expertise at some of the “dance moves” of interpersonal relating. Some people hate chit-chat, while others can’t seem to get to the point. When does your personal communication style work, and when does it get you unintended results?

Unlike dancing, however, business communication always holds a purpose beyond the dance itself. Whether your partner is a communication klutz or happens to be a powerful negotiator, learning new steps allows you to realize that purpose smoothly, with minimal toe-tromping.

Waltzing with the ‘Enemy’

When the other person gets inflammatory with “If you don’t start putting in some effort here I’m going to …,” or “I’m sick and tired of you always …,” or “I told you …,” how do you react? Do you suddenly feel like they’re doing raggae while you’re trying to swing? Whose problem is it?

Even if you feel attacked, you can “release” your enemy stance by not getting caught up in the attack, by not getting hooked into a dance you’d rather not do. How? Don’t react, respond with a remarkable dance step borrowed from the martial art of Aikido.

It works like this: Notice at what point you are being attacked. Let’s say they’re out to make you wrong. Rather than struggling with the apparent focal point of the attack from defensiveness, polarity, or as their adversary (“I think I’m right …,” or “You don’t know what you’re talking about …”), move off the line of the attack and join shoulder-to-shoulder with the attacker. You might reply, “I don’t think so, but let me look at it from your point of view,” or “I’m interested to learn why you think so,” or even “What’s your intention here? And what would that do for you?”

A Modern-Day Hokey Pokey?

Metaphorically, if the attacker just grabbed your arm, rather than focusing on the arm (the issue or the point of attack, where moving your arm would cause a struggle), instead, leave the arm alone and pivot your entire body alongside the attacker’s arm. From this position, you are out of the way of the direction of the attack, and in an excellent position to use the attacker’s energy. You are literally seeing the attacker’s point of view from its source, and therefore in an ideal position to avoid escalation and resolve the conflict.

Even if you’re not being attacked per se, this approach can be used to leverage the other person’s interests, intention, motivation, anger or resistance to find a mutually satisfying outcome.

I’m Sorry, but I Wasn’t Listening

Doesn’t it seem like the world has become very noisy? Not just shrill ringtones, 911 sirens, and other signals that we live in a so-called civilization, but more the continual assault of daily information, spam and social media (if you find the benefits outweigh the BS) — it’s no wonder we often stop listening to ourselves and to each other. Even with the awareness that our health requires us to understand and be understood by the world around us, we sometimes forget how powerful it is to give someone our ear.  AI is not going to be helpful in this regard — it is really just an echo chamber and illusory.

When your goal is to get your own point across, the first and most important move you can make is, ironically, to listen. Clients report that it “works like magic” to get on the other person’s “wavelength” by gently drawing them out. Just the intention of understanding them first creates an opening that Dr. Stephen Covey first popularized as “seek first to understand, then to be understood.”

This interpersonal principle is an extension of “when you want something, give it.” Proactively make that first move.  If you want a receptive ear on the part of your listener, be one first. If you want a new car …. well, that usually requires a different kind of resource.

So that explains why to listen, but listen for what? Listen how? In the book Getting to Yes, authors Fisher and Ury state “It is not enough to know that they see things differently. If you want to influence them, you also need to understand empathetically the power of their point of view and to feel the emotional force with which they believe in it.”

That powerful, disarming, catalytic.  If you can get their “truth” out on the table, the psychology of negotiation says that they’ll have no better option than to listen to you, to reciprocate.  Unless they are completely out to lunch, not operating on good faith at all, this is how you take the “dance” to a whole new level, disrupting push/pull patterns of the past, and set a new standard by demonstrating what mutual respect can accomplish.  At least for that interaction.

Armed with the awareness that you don’t have to agree to understand, and you need not understand to accept their view, have your next interaction(s) bring out the martial artist that lives in each of us.

Organizational Pathways: Part 2

Resources for Keeping the Peace

The Art of Alternative Dispute Resolution

by Daniel Robin

How can you live in peace and still live in the world? In our litigious society, success can be defined as not having to sue anybody.

Conflicts are inevitable, and often act as a mirror of our own lives and attitudes. Using the appropriate tool to address an issue helps us keep differences from escalating into problems. The methods described here are to help you understand your options so you can make informed choices.

Negotiation

Direct negotiations happen all the time. As a form of alternative dispute resolution (ADR), win-win negotiation involves listening to the interests of the other party in order to make proposals or suggestions they are likely to accept. (Adversarial negotiation is where each party gets whatever they can, even and especially if it’s at the other party’s expense. )

In situations that have become difficult or emotional, the presence of a “third-party neutral” can help facilitate and ensure a healthy dialogue so that participants focus on what caused the dispute and how it might be resolved, rather than on the assignment of fault and blame. Here the facilitator is less involved than in other forms of ADR, such as mediation or arbitration.

Direct negotiation is inappropriate when there are power differences that could result in the weaker party “losing” without fair consideration of the merits of their case.

Mediation

Mediation is a more structured process in which the mediator assists the participants to reach a negotiated settlement of their differences. Participant get together to talk and exchange ideas, feelings, experiences, and information on the issue, then try to come to new understandings in order to reach agreements that will satisfy everyone’s interests.

The key role and responsibility of the mediator is to generate and organize options and alternatives, and in many cases, to assist in designing an implementation plan.

The mediator will use various techniques such as active listening, enforcing agreed-upon ground rules, asking for clarification, restatement of concerns of goals, and so on; however, the mediator does not have the authority to render a decision. In cases not strictly about money, or when there’s an ongoing relationship, mediation offers a positive alternative to the court system.

Arbitration

Arbitration is where parties agree to allow a third-party to resolve the matter after a “hearing” in which each side presents evidence and arguments. Here the third party acts as a judge and imposes a decision. The focus is on rights and then wants; whereas mediation is attuned to needs and interests.

In “binding” arbitration, the decision cannot be appealed (except in cases of fraud, corruption or a defective process). In voluntary or non-binding arbitration, the decision is like a recommended remedy — indicating how a judge might decide on the case.

Arbitration is more adversarial than mediation, though it does allow the parties to select the decision-maker(s), set ground rules, and pick the time and place. Beware the tendency to “split the baby” in trying to give something to all parties. When the discovery period isn’t sufficient to obtain information to support the case, or if a jury trial is preferable, arbitration isn’t appropriate.

As every situation involves a unique set of personalities and circumstances, you might want to consult with a trained professional. When selecting a third-party neutral, rather than a particular credential or degree, look for experience and references that relate to your particular situation.

Resources

We are fortunate to have several outstanding resources to assist with resolving most disputes. Here’s a sampling:

Conflict Resolution Centers (CRC) throughout America help individuals handle many types of community disputes, including neighbors, landlord/tenant, housemates, families, workplaces, etc., and offers a sliding fee scale. CRC in Santa Cruz County, CA also staffs a Small Claims Court Mediation Program. Check the phone book for the number of the community CRC in your area.

Organizational Pathways: Part 1

Waging Peace in the Workplace

By Daniel Robin

With the increase in work force diversity, emphasis on teams, and the new-world-disorder — also known as chaos — sooner or later, we all get into conflicts that just don’t resolve, even with a Ph.D. in active listening mode. Calmly sitting down to “talk about it” can be frustrating when there are hidden agendas, turf wars, or fear patterns in the culture and in the people involved.

So what if you give it your best shot and nothing comes of it? A willingness to deal with an issue — even if the effort is clumsy at first — is far better than the insidious patterns of avoidance, denial, passive-aggressive indirectness, plotting how to get even….

In the gap between theory (what we know) and practice (what we do) lives an astounding fact: our culture has developed remarkable tools and technologies for handling virtually any type of dispute; however, the ones that work are seldom used, and the ones that are used seldom work.

Finding Alternatives

I’m surprised how few people have even heard of “alternative dispute resolution” (ADR). Here’s a quick quiz:

What is arbitration and when would you use it?

Under what circumstances should you use a “third-party neutral” (hint: before you begin to unravel emotionally) and

When is it best to handle a situation yourself?

What does mediation have in common with arbitration? What are the differences?

If you know the answers to these questions, you probably practice ADR for a living. Unfortunately, our schools are only just now providing this practical information – so vital to success in today’s workplace.

It is simply not true that the only way to deal with conflict is to provoke more of it. Even in the most difficult situations, the other person isn’t necessarily our adversary. Our congested court system is hardly a place to bring important, emotionally-charged issues — business-related or not. And yet, despite the uncertainty that goes along with giving up control, power and major dollars to someone else to work out a legal “remedy” (notice it’s not called a solution), we still rank as the most sue-happy culture in the world.

How ADR Applies to the Workplace

What makes the workplace unique and challenging is that most relationships can be strengthened through collaboration, and yet, few people seize this opportunity. Perhaps it’s just too darn risky and uncomfortable to surf the chaos of including other views and perspectives before deciding what to do with them. It certainly seems faster and easier to reduce options to a tidy twosome (“my way or … “), then you can pick the least lousy alternative. The phrase “What are some other options?” can work wonders.

It takes careful and confident facilitation — and sometimes it takes not being in the middle of the issue — to broaden the focus just enough to generate and explore options without getting derailed. The facilitator needs the flexibility to move with the other person or group, the focus to keep working toward goals, and the smoothness not to interfere with communication in the process.

California is ripe with caring professionals who would like nothing better than to have everyone live in peace and harmony. And yet [Excuse me while I yell at my cat. Now, where was I?], we cannot drift too far from getting business results, or we’ll have no workplace to be peaceful in.

Above all, workplaces need to be fun. Wage peace and we’ll enjoy the dividends of a wage increase with profit for all.