- Posted March 04, 2020
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The high cost of conflict in a law firm
What happens when there is a rift between partners or attorneys in a law firm? What is the effect on the organization and its ability to serve its clients? More importantly, what can be done about it? All too often disagreement occurs, and it is not resolved. Sometimes people believe that it is not important to talk through the disagreement and sweep it under the rug. When this occurs, the interaction between the partners or attorneys change. From that point on, people tend to filter any future interaction through the lens of what previously occurred, and this changes how they see the other person, and their perception of what happened. It makes much more sense to work through the disagreement and understand each person's vantage point rather than ignore what has transpired.
One of my first law clients was a firm in which partners were at odds. They chose not to move forward with resolution and some eight years later broke up at a cost multiple times what it would have been to resolve the conflict. What they were not aware of was the negative effect it was having on the entire organization. They thought others were "unaware of the rift" but the feedback was that everyone else saw it as a "cold war." Some employees said it was having a negative influence on the culture of the organization and were looking for other opportunities. Others said it had detrimental effect on their ability to be productive and complete their work in a timely manner. So what does it take to resolve a rift, gain clearer understanding and use it to strengthen the relationships at the firm?
One of the major issues regarding conflict between attorneys is that they are trained to prove another wrong and find holes in arguments. Conflict is part of being human and the good news is conflict, if effectively managed, can benefit the organization and create innovation. Conflict, when destructively handled, can have devastating effects resulting in negative consequences to the organization and even the health of the participants. Conflict resolution should focus on what is the problem as opposed to who is the problem. When taking this approach, it can help a team discuss priorities and develop understanding between the parties and strengthen the firm.
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Conflict resolution
To begin with, both parties need to be willing to look at the conflict and work to resolve it. This means putting yourself in the other's shoes as well as looking in the mirror. All too often people are so focused on the other that he or she fails to look at their part of the conflict. Resolution means sorting perceptions out and getting to the underlying feelings of the conflict. Every conflict occurs when someone's needs are not being met, but the key is to have a conversation around each person's perspective.
The first goal is for both sides to identify the foundation of the disagreement and what needs are not being met on both sides of the conflict. There needs to be ground rules about how the conversation will take place. Once in place the parties need to identify what the conflict is about and often it is less than obvious. It helps to have an outside party to ask questions so all parties involved understand the issue.
Parties need to discuss ways to find a common goal and discuss how they will come together to work on it. Once a common goal is determined, the group needs to discuss how the parties can understand each other, and each participant must work to acknowledge the other's position.
Brainstorm ways to meet the common goal and agreement of how parties will interact in the future. A good way to end the discussion is to say, "Let's discuss what we agreed upon today and who will be responsible for each part of the agreement."
While working to resolve conflict in Union/Management disagreements, it was amazing how long-term conflicts can be rectified when people just listen to one another and work to find common ground that meets the needs of both parties. A win-win for everyone involved.
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Beth Sears, Ph.D., President of Workplace Communication, Inc. is an interpersonal and organizational communication expert. Using her unique approach, Beth has helped leaders to clarify their vision and create language that inspires and engages their workforce, resulting in collaborative, focused teams. Contact her at (585) 538-6360.
Published: Wed, Mar 04, 2020
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