Ombudsman ADR: “Factual Context” Technique

Normally, by June or July, I like to do something on trends for the year and 2010 trends are something very different from 2009 and all my my previous experience with dispute or conflict management “internally”.  Contacts with individuals is up, but actually getting to the table or taking an engagement is down considering the ratio of contacts to intakes.  There is a variety of contributing factors, but I’d like to take this moment to focus on something to help anyone in our “craft” keep a handle on the turmoil and chaos they may be experiencing with “potential” clients.

It’s no secret by now that there is a lot of economic chaos happening as we speak and this adds exponentially to individual and group stress resulting in conflict.  My projections for small and medium sized business at the beginning of the year, unfortunately, are proving to be even more serious than I could have “existentially” imagined.  Large corporations are another situation all together currently, with both positive and negative impacts on individuals and communities “they serve”.  It’s tough, it’s hard for everyone, even the “elite” are complaining they didn’t get their full “due” when they had to step down, getting only half their millions instead of all that their interest was worth two years ago.  Currently, as I’m contacted, the issues revolve around “survival” of the business, employees as “family” now, while maintaining some, I repeat, some level of courtesy and decorum.  Regarding partner relationships between contracted employees, long time customers or supplier companies they had contracts or agreements to do business with, these are simply dissolving rapidly.  As I read the news and “listen” to what comes in, clearly there is a split down the middle and the normal bell curve one would expect to reflect the middle class income bracket is now inverted, but it’s more than just a “dip” in the road.

Our frustration has been to communicate clearly, get a good intake, listen carefully, but invariably emotions, anger, tension are more at the “surface” of what someone may have to say about their struggles and establishing any form of “factual context” concerning what basis they have for a complaint is exaggerated, embellished and misrepresented oft times.  Continued “cycling” with a focus on “lesser emotional struggling” and pointing out that perpetuating the “struggle” will not get to a goal they want.  I find myself, in trying to be altruistic and proactive for them, becoming more of just a “listener” while refusing to take the role of “anger management” counselor.  Keeping with “factual context” can circumvent the individuals emotional struggles, anger and even depression and provide the context to focus on their goals as a solution to the problem and establish again or learn to “own” an ethical approach again.

As a technique towards a “permanent” solution, it doesn’t always work, but to cut through the emotional chaos of the moment, we find the following has helped:

  • Frequently remind them in the interview that we need to document the factual context of the dispute.
  • More patience is required at this moment, but they can speed things up if they can just relax and focus on our exchange.
  • If I hear something potentially out of context, make a note and check it again after some time has passed.
  • Ask them to slow down and “reflect” on their statements and determine if they “ring true” or is something else happening.
  • Can they produce any material that supports a factual context versus their emotional declaration in the moment.
  • If detected in the “cycling”, ask them to check themselves to see if they are reverting back to “emotional struggling” again.
  • Asking if they see themselves contributing calmly to a solution and even questioning if they want that or something else.
  • Creating “factual context” list as their constant reminders prior to “shuttling” and/or them contacting the other party.
  • Ask them to meditate or contemplate in quiet, their situation and then contact us again after 48 hours.

Yes, I’ve written about the “blue ocean” of opportunity many times and it’s certainly over flowing currently, not just on the OO side, but in my other business consultancy also.  I have to admit, as busy as things are, it can get or am overwhelmed lately and for the first time I have to watch my energy, not get drained or let “burn out” take over.  I have to watch my own “tensions” with family and friends more, how about you?  Focusing on and firmly addressing and discovering the facts about their issue related to the context of their situation has proven a good technique or method to help keep a sustained focus; thus bringing “order from chaos” as best as possible.  It prevents excessive levels of “complexity” being introduced also, because often individuals want to discuss more than what can be handled and go out of “context”.  I hope these trend observations and discussion will help all who read it here as we are going to be more challenged than ever in months and years ahead to “make a choice” to peacefully resolve disputes/conflicts or polarize and damage personal, business and economic relationships; possibly beyond repair.

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