From the category archives:

Popular Culture, Politics, Society

Lawyers are frequent targets for humor, the butt of countless stale jokes. With the exception perhaps of  “Wedding Crashers“, conflict resolution professionals so far have been spared the ribbing that comedians, cartoonists, and screenwriters so often heap on our brothers and sisters at the bar.

That may be changing. My colleague, ombuds and blogger Tom Kosakowski, alerted his readers that Scott Adams, creator of Dilbert, the popular comic strip that lampoons the workplace, has set his sights on an unsuspecting target: the corporate ombuds. In this week’s installment, Dilbert’s boss has hired an ombudsman, a pitch-fork-wielding demon who accepts souls in exchange for conferring favored treatment.

Although lawyers have been linked to devils before (as numerous jokes and at least one Hollywood film can attest), this is a first for the ombuds.

Is this a sign of the impending apocalypse? Hardly. As one anonymous commenter on Tom’s site observed, “Just getting the word ombudsman in cartoons raises awareness of our profession.” Or, as Oscar Wilde once put it, “The only thing worse than being talked about is not being talked about.”

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Billy Collins, a former two-term Poet Laureate of the U.S., penned these lines on the end of marriage:

Once, two spoons in bed
now tined forks

across a granite table
and the knives they have hired

Alas for many divorcing couples, sharp metal objects make an apt metaphor.

It’s also an image in keeping with the popular depiction of marital discord, which often frames it as all-out take-no-prisoners combat between two feuding camps.

Now, stepping into the marital fray is comedian Jerry Seinfeld, who will be hosting “The Marriage Ref“, a game/reality TV show in which bickering couples will submit their disputes to nonbinding arbitration before celebrity guests who will “comment, judge and decide who’s right and who’s wrong in real-life disputes between real-life spouses.”

Of course if you’d rather resolve your dispute anonymously, try the web site Sidetaker (“Let The World Decide Who’s At Fault”) and let the hive be the judge.

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change blindnessIt’s happened at some point to anyone who drives a motor vehicle. You inch slowly into the intersection, cautiously looking in all directions to make sure that the right of way is clear. Convinced that you can now safely make your turn, you pull forward. Suddenly, out of nowhere, its horn blaring, appears a car, swerving to avoid you. In a panic, your heart pounding loudly in your ears, you slam on your brakes, wondering how in the world you could have missed that car.

The subject of numerous studies, including research done by the Visual Cognition Lab of the University of Illinois, change blindness is the failure to detect large changes in what is literally right in front of our eyes.

Paying attention is important, not just for drivers. Daily life demands our attention, otherwise we may inadvertently overlook the important.

So, how observant are you? Test yourself with this video, created as part of a motor vehicle safety awareness campaign for the City of London:

More change blindness links on Mediation Channel here:

Hat tip to @SmilingMind.

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trust in business networkingIn the February 2010 issue of Harper’s Magazine is an essay entitled “The Serfdom of Crowds”, excerpted from You Are Not a Gadget: A Manifesto, the latest book by computer scientist, web guru, and author Jaron Lanier. You Are Not a Gadget serves as a bracing rebuttal to the loud hallelujah chorus of praise for all things internet-related. Of social networking Lanier writes,

An individual who is receiving a flow of reports about the romantic status of a group of friends must learn to think in terms of the flow if it is to be perceived as worth reading at all. Am I accusing all those hundreds of millions of users of social-networking sites of reducing themselves in order to be able to use the services? Well, yes, I am. I know quite a few people, most of them young adults, who are proud to say that they have accumulated thousands of friends on Facebook. Obviously, their statements can be true only if the idea of friendship is diminished.

These words pulled me up short. Minutes before reading them, I’d received a request on LinkedIn for a recommendation from one of my contacts. When I clicked on their profile I realized that I had no idea who they were or how I had come to connect with them. At one time accepting their invitation to connect on LinkedIn must have seemed like a good idea, because here they were in my list of connections, and there they were asking me for my recommendation.

Let’s pause there for a moment and consider what LinkedIn has to say about accepting or responding to invitations:

LinkedIn believes that when it comes to building your network, it is all about the quality of the connections and not about the quantity of connections. Your network should be centered on quality of knowledge, resources, skills and advocacy that LinkedIn can help unlock.

…Invitations are a great option to ask people to join your network. When sending Invitations, ensure that you know and trust the person you are extending the Invitation to. This is generally someone you have worked with, collaborated on projects with or maybe attended school with. These will be people that can recommend you to others and will become your first degree connections.

Looking over my list of contacts on LinkedIn, I can honestly say that among them are a few people I don’t know well at all. They are people who’ve perhaps read my blog, followed me on Twitter, or are fellow members of a professional networking site. The basis for these connections at times seems arbitrary, because social media and human nature make it easy to manufacture or claim kinship, whether it’s sharing an alma mater, a profession, a political view, or a hometown. But are all these individuals people I could recommend, based on direct, personal knowledge and with a clear conscience? To be honest: no. Some. But not all.

In the end I declined the request and removed this person from my list of connections. If this person was willing to ask a casual acquaintance to recommend them, then this was someone I did not care to be linked with any longer. But it left me asking, in accepting a LinkedIn invitation without undertaking due diligence, are we devaluing the currency of online social networking?

How many of us stop to weigh the words “it is all about the quality of the connections and not about the quantity of connections” before accepting invitations from strangers to connect? If a business networking site like LinkedIn is to have any worth, it must depend upon principled users. Otherwise the recommendations that LinkedIn urges users to obtain to complete their profile remain suspect.

Readers, do not mistake this post for a rejection of social media by a long-time blogger. I am not denying that social media have value for me – as water cooler, newsstand, and town square. They have led me to substantial, real-world friendships and allowed me to keep in touch with people who matter to me. Nor do I argue that regular, in-person contact is the sole means to establish or sustain a meaningful relationship. Email, Skype calls, instant messages, telephone time, and, yes, messages posted on social networking sites, can nurture collegial ties and friendships across distances great and small.

As worthwhile for some purposes social media may be, their wow-that’s-so-cool impact should not blind us to their obvious limits. Strip away the hype to reveal the teetering house of cards that social networking constructs of our trust. Social media can reduce to parody what is meaningful and valuable about relationships and personal connections. They can lower our standards or overpower our discernment. The entrepreneur or social media expert may be a disbarred lawyer or a convicted felon. It’s hard to tell when the light’s dazzling our eyes. But let’s remember the enduring truth in the aphorism “on the internet nobody knows you’re a dog“.

So long as trust is aspirational not dependably operational, what can any of us do? Two adages come to mind. In the words of the authors of negotiation classic Getting to Yes, “Be trustworthy, not trusting.” And, as a former U.S. president is purported to have once said: “Trust, but verify.”

As for me, I am in the process of drafting a LinkedIn policy, as I did for Twitter (although without the wiseassery). If you have one yourself, tell me about it. What guidelines have you set for accepting or declining invitations, or making or requesting recommendations? I’d welcome hearing from you.

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Optical illusions make ideal teaching tools in negotiation and conflict resolution training. They serve as humbling reminders of the unreliability of our senses and the conclusions we draw from the data we perceive. One of my favorite illusions is “Shepard’s Turning the Tables“, which you can view at the web site of Professor Michael Bach of Universitäts-Augenklinik, Freiburg, Germany.

This illusion depicts two tables standing near each other. The tables appear to be of different sizes, one apparently longer and narrower than the other. When you click “Run”, one table top lifts and floats, coming to rest on top of the second table, allowing you to see that the surface areas of the tables are in fact identical and match perfectly. You can reset and replay the illusion again and again.

Amazingly, despite knowing the truth about the dimensions of the table tops, your eyes still see differing sizes and shapes. I invite you to see for yourself. (I must caution those of you whose time is limited: visiting Professor Bach’s site, a collection of 86 jaw-dropping illusions, for only a minute is simply not possible. You’ll find yourself irresistibly drawn from one illusion to the next.)

For those of you interested in influences on perception and cognition, I recommend one article and two videos, all thought-provoking (for those of you viewing at work, please note that a certain four-letter word appears in both videos):

Via The Boston Globe, “Easy = True: How ‘cognitive fluency’ shapes what we believe, how we invest, and who will become a supermodel“. Globe staff writer Drake Bennett describes cognitive fluency as “[o]ne of the hottest topics in psychology today”. He reports that cognitive fluency is “simply a measure of how easy it is to think about something, and it turns out that people prefer things that are easy to think about to those that are hard.” Studies suggest that factors such as rhyming words or font style and legibility of text influence the way we process information, enhancing or hampering our ability to perform tasks or make judgments.

The outstanding blog Sociological Images posted “Chart Wars: The Political Power of Data Visualization,” a presentation by political consultant Alex Lundry, which offers a salutary lesson in “graphical literacy” and warns against the ways in which depictions of visual data can mislead or distort. View it here:

From Colin Rule’s blog, “The template for every news story you’ve ever seen“. Watch in awe to see how, in Colin’s words, “a couple edits and on-the-street interviews can transform fuzzy thinking into something that seems insightful”:

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The future of conflict resolution: preaching to the choir or negotiating with tea partiers?

November 9, 2009 Conflict Resolution

I often find myself wishing I lived in California, if only to be able to regularly attend the magnificent events the Southern California Mediation Association plans and presents each year. These programs showcase the talents and intellectual achievements of some of the greatest thinkers and leaders that the field of conflict resolution can boast.
This past [...]

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The legal profession has a PR problem: one sad reason why

August 26, 2009 Lawyers, Law and Justice

Lawyers have a PR problem.
A recently released Gallup survey indicates that only 25% of Americans view lawyers favorably. The public likes lawyers even less than they do banking, the airline industries, and the federal government, none of which is particularly popular these days.
I hear this reflected in conversations with prospective and current mediation clients, who [...]

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Of death panels, Hitler, and the healthcare controversy: media literacy, now more than ever

August 22, 2009 Conflict Resolution

Eighteen years ago, on a brilliantly sunny day, I attended a Fourth of July barbecue in a pleasant suburb a few miles outside of Boston. I was sitting at an umbrella-shaded table by the pool, watching my son splashing happily in the water with the other kids, when one of the guests nearby turned to [...]

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Conflicts of interest in the age of Twitter and Facebook: neutrals must find right balance

June 5, 2009 ADR

Facebook, Twitter, LinkedIn – if you are active on any of those sites or on the many others like them – then you no doubt have frequent opportunities to connect.
But what happens for ADR professionals – mediators, arbitrators, and others – when clients are the ones who invite you to connect, follow you, or seek [...]

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Law like love: thoughts on a Supreme Court nomination, ADR, and jurisprudence

May 29, 2009 ADR

Earlier this week President Obama announced the nomination of Federal Appeals Court Judge Sonia Sotomayor to the U.S. Supreme Court.
Predictably her nomination produced swift reaction: cheering accolades from some quarters and harsh condemnation from others. What caught my own attention was the response of a number of conservative pundits to an article Sotomayor wrote [...]

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