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“I don’t like conflict.” “I avoid
conflict at all costs.” These refrains are common among lawyers
regardless of title, experience, practice area, or work setting.
Expert attorneys who would not hesitate to advocate passionately for
a client avoid or retreat from interpersonal disagreements.
Previously, we have looked at ways to
prevent conflict by exploring other lands, agreeing on expectations
up front, and naming issues before they fester into full-blown
conflict. But sometimes that is not enough. Sometimes, despite
everyone’s best efforts, conflict happens. Whether it takes the form
of a knockdown, drag-out fight or clipped, monosyllabic retorts,
conflict can be draining and exhausting. Now what do you do?
For this particular discussion, we
will look at conflicts in peer-to-peer relationships where authority
is relatively equal. While the mechanics of resolving conflict may
be the same when one party reports to the other, those dynamics are
much more complex and beyond the scope of this article.
Disagreement is not
necessarily conflict.
Reasonable people can disagree. Some
people enjoy “charged” conversations, reveling in the intellectual
challenge. Other people see any disagreement as conflict. Two
different lands, indeed! The truth is that different points of view
encourage the rich diversity of thought essential for success. So
long as a conversation is moving forward (even if the parties agree
to postpone a discussion to ponder ideas or simply calm down), we
would not label this type of exchange a conflict. By contrast, when
either of the parties (or both) refuses to listen or consider the
other party’s perspective, the resulting stalemate prevents progress
and promotes conflict.
Can this conflict be
resolved?
Several conditions must be in place
in order to resolve conflict. Isolating the dynamic within each
condition will help break through the logjam of the conflict.
Consider Andy and Steve. They are
both newly minted partners employed at two different firms, working
together on a matter for a shared client. The client, having
complete confidence in both firms’ teams, figures outside counsel
know the best way to divide the work. Andy and Steve begin to work
as they always have—each assuming he is leading the project. Soon
they start bumping heads.
Does the light bulb want to
change?
How many psychiatrists does it take
to change a light bulb? Only one, but the light bulb has to want to
change. It is an old joke, but the punch line is strikingly
relevant. In this case, both parties must want to resolve
the conflict. If one person does not perceive that a problem exists
or does not want to address the issue, there is little the other
party—even with the help of a qualified, independent third party—can
do.
As the project unfolds, Andy and
Steve become annoyed with each other trying to take over the case.
“If only he would listen and do things my way,” each one thinks.
Small irritations grow into disagreements, which in turn become
stalemates. “We don’t have a problem,” Steve insists to the senior
partner. “I’ve got everything under control.”
In the meantime, a senior associate
from his firm has taken Andy aside and mentioned the observable
tension and its impact on the rest of the team. “Steve doesn’t think
anything is wrong, so I can’t do anything,” Andy confides in
frustration.
What, specifically, is the
problem?
Often conflict occurs because the
parties talk past each other. Identify the specific core issue in
terms all parties agree on, so you can address it rather than attack
each other.
If they were willing to explore the
problem together, Andy might find Steve is trying to make sure all
the details fit into the overall case strategy, while Andy is
defensive because Steve has ignored his input. This conflict cannot
be resolved at this point because Andy and Steve are engaged in two
different discussions.
What is important about
resolving this conflict?
Once you have identified the crux of
the conflict, both parties need to ask themselves what is important
about resolving this issue. Be sure to consider the other party’s
concerns. Focusing only on your own interests and motivations may
point you to solutions that do not meet the other party’s needs. By
looking at the bigger picture together, you will uncover common
ground, calm tensions, and allow room for constructive solutions to
come forward.
Andy and Steve quickly recognize what
is important about resolving their conflict: They need to work well
together to serve the client. If not, either or both firms could
lose the business.
Knowing when the conflict is
resolved
With a common understanding of the
issue that has caused the conflict, determine what a satisfactory
resolution is for both parties. If one party thinks the issue is
resolved and the other does not, the conflict is still brewing. Each
party needs to identify its bottom line. What are your conditions
for satisfaction? Where are you willing to compromise?
Steve, a big picture guy, does not
mind Andy acting as the quarterback on a daily basis. But it rankles
him when Andy sweeps in with a grand scheme without consulting him,
and he responds defensively, trying to assert control. Andy, truth
be told, knows he is more of a detail guy. He is grateful for
Steve’s vision, but he feels threatened when Steve tries to take
over. Ironically, the parties often discover they want the same
things. Steve wants to be involved with and recognized for planning
the case strategy; Andy wants a more tactical role.
Are you willing to resolve
the conflict without blame?
In Difficult Conversations,1
the authors note, “We assume we know the intentions of others when
we don’t. Worse still, when we are unsure about someone’s
intentions, we too often decide they are bad.” When one party is
blaming the other, the conversation will stay stuck. Communication
shuts down as we focus on our next assault instead of attempting to
resolve the conflict.
What we say next will probably
surprise you: If you are not ready to resolve the conflict without
blame, it’s ok. Just don’t try to resolve the conflict at
this point.
When we blame, our perspective
becomes “the truth,” and we are unable even to look at the other
person’s point of view, preventing any kind of resolution. Our
bodies react with a fight-or-flight response, and the physical
response lowers our ability to reason. Recognize your desire to
blame for what it is and release this energy by “clearing” to an
uninvolved third party. As you sort out your thoughts and feelings,
shift your focus by using “I” statements, such as “I feel...” and “I
want...”
Feelings and Emotions
The last sentence may have stopped
you cold: Talk about feelings in a professional setting?
Indeed, according to Stone, et. al.,
“Difficult conversations do not just involve feelings, they are at
their very core about feelings.” When emotions overwhelm
the discussion, it is easy to lose sight of the core issue. But
avoiding all emotions brings its own problems.
Often the core issue is the
emotion. If feelings are not brought into the open and acknowledged,
they will continue to bubble below the surface, and the conflict
will fester or new conflict will emerge.
All of our previous experiences with
conflict, memories, emotions, and experiences awaken when we find
ourselves in it again. Watch the tendency to project the past onto
the current situation.
The Flourishing Process™ can help you
manage conflict effectively.

Clarity: What do you want to be
different?
Before talking to the other person,
clarify your own thoughts and feelings.
- What is the core issue? What is
the conflict about really?
- What is important about resolving
it?
- How do you define resolution?
- Are you blaming the other person
for something?
Choice: What do you choose?
- Where are you willing to
compromise? Where can you give a little?
- Are you willing to resolve the
conflict without blame? Remember, if you still feel like blaming
the other person, be honest about it and wait until the urge to
blame passes before attempting to deal with the issue.
Action: What will you do?
- Name the problem as you see it and
check with the other person for agreement.
- Address the problem, not the
person.
- Avoid attacking personally.
- If you feel attacked, make an
effort to concentrate on the problem rather than launching a
counterattack.
- Acknowledge the other person’s
emotions.
Being in relationships is an ongoing
process and conflicts will naturally occur, so avoiding conflict is
not a useful strategy. Learning to manage conflict productively is
best.
NOTE
1. Douglas Stone, Bruce Patton, and
Sheila Heen, Difficult Conversations, New York, Penguin Books
(1999).
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Recommended Resources
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The Art of the Question |
Marilee Adams,
PhD. |
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Difficult Conversations |
Douglas Stone,
Bruce Patton and Sheila Heen |
|
Talking from 9 to 5 |
Deborah Tannen,
PhD. |
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Heather Bradley, CPCC,
and Miriam Bamberger Grogan, CPCC, are the
co-founders of The Flourishing Company, a workplace consulting
firm which changes the way people experience work. They
are the authors of Judge For Yourself: clarity,
Choice and Action in Your Legal Career, published by the
American Bar Association in cooperation with MCCA. |
From
the January/February 2006 issue of
Diversity & The Bar®
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©2006
The Flourishing Company. All Rights Reserved.
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