New Ombudsman Program for Real Estate Transactions in Albuquerque

Posted on January 11, 2012 by Bruce MacAllister

New Ombudsman Program for the Greater Albuquerque Association of REALTORS®

In my November 2, 2011 blog post, “Update on Recent Activities,” I discussed a new ombudsman program that I had served as the primary consulting resource to help establish. I am delighted to now announce that the Greater Albuquerque Association of REALTORS®  [GAAR] has launched and has been operating its new Ombudsman Program now since late October 2011.  The program is available as a neutral, highly confidential, non-escalating resource for members of the public to seek answers to real estate transaction questions and to seek information and referrals to other GAAR resources. It is also a resource for REALTOR® clients and customers to seek assistance in resolving issues and concerns with a real estate transaction, and for REALTORS® seeking assistance with issues involving a fellow REALTOR®.

The new program is designed to dovetail into and complement the existing alternative dispute resolution and professional standards processes and services, and provides a convenient one-stop point of entry into those services. The program is based on both the National Association of REALTORS® and the International Ombudsman Association standards of practice and codes of ethics.

Business Excellence Solutions’ consulting work with the GAAR included working with its key staff, Executive Vice President, and Board of Directors to develop virtually all of the materials necessary to help GAAR implement its Ombudsman program, including:

  • A master program implementation plan and schedule;
  • Ombudsman Program Overview and Considerations document package;
  • Draft Ombudsman Program Charter statement;
  • Draft policies and procedures to dovetail the program together with existing services:
  • GAAR Board of Directors briefing package;
  • A program overview presentation and program orientation for Board members, staff, and interested GAAR members;
  • Ombudsman Training Program;
  • Case tracking system “dashboard;” and,
  • Coaching and troubleshooting throughout the implementation process.

The new program uses a cadre of volunteer REALTORS®, who serve as the ombudsman staff.  As practicing REALTORS®,all of the volunteers are experts in real estate transactions and have also received extensive training in mediation and ombudsman practice skills through a twenty hour customized training program designed especially for the new program (there was also a four hour make-up session available to those who were unable to attend each session). The four-part training program focused on key ombudsman skills, including:

  • Fundamental tenets of ombudsman practice: confidentiality, neutrality, independence, and informality;
  • Ombuds visitor skills: listening without judgment, information gathering, connecting with a visitor and establishing rapport, and developing and testing options with the visitor to help him or her decide on their own best alternatives and approaches.
  • Mediation and dispute resolution skills: bringing parties together, facilitating dialogue and problem resolution, framing and reframing, acknowledgement, the role of venting, and separating interests from positions.
  • Issue and trend analysis, upward organizational feedback, and awareness of referral resources, and hands-on training on using the customized case management tools, such as the Visitor Intake Form (which is only used to track non-confidential information, such as type of issue, place of referral, outcomes, and similar data), and the Ombudsman Dashboard.

The training program brought together an outstanding faculty of highly experienced, practicing ombudsmen and mediators from the Albuquerque area, who served as instructors, coaches, and mentors to the training program participants. The training team had more than 150 years of collective experience as professionals in dispute resolution.  We used interactive and highly realistic real estate transaction scenarios to provide the participants with relevant, hands-on experience, and to allow them to gain comfort and confidence that they were ready to work with actual cases and real visitors. Initially, each new ombudsman will work under the mentorship of an experienced mediator and ombudsman. Ultimately, each of the nine new GAAR ombudspersons will also participate in continuing professional development sponsored by the International Ombudsman Association, and each has joined the International Ombudsman Association [IOA] as an Affiliate Member. In addition to continuing their professional development as ombudsmen, as GAAR members they will continue their professional development as real estate professionals – thus being ideally suited to perform their GAAR ombudsman roles and responsibilities.

Although the new program only began the last week of October, as of January 6, 2012, its ombudsmen had already responded to 38 general inquiries and requests for referrals and had worked with 14 visitors in follow-up to their initial contact. When asked about how the program implementation went, the program’s coordinator, Deborah Davis said, “We are all excited that it is finally here …  thank you for your encouragement and your experience that helped us understand that the obstacles we faced were fairly typical in starting up a new program such as this.”

One of the great features of the GAAR Ombudsman Program is its “Ombuds Dashboard,” which we at Business Excellence Solutions designed and provided to GAAR. The Ombuds Dashboard is a web-based tool, which, at a glance, will allow the Ombuds staff, the Board of Directors, and the GAAR Executive Vice President (its CEO) to instantaneously access trends, issues, type of resolution, referrals, and outcomes. (See a sample at right.  Note: this is a sample and not real data.) Using an easy-to-use, custom-designed intake and case tracking form, this system will enable its managers and staff to quickly identify trends and patterns that will help the organization and REALTOR® community continuously monitor and improve the quality of its services and the experience of the public in working with REALTORS®.

The ability of the Business Excellence Solutions team to provide the depth and breadth of expertise necessary to provide such broad-spectrum support, which ranged from deep and specialized experience in designing and implementing a completely new ombudsman program, to providing a comprehensive training program, to providing the technical and subject-matter expertise necessary to design and deliver the high-tech Ombudsman Dashboard” highlights the adaptable business model we use.  Rather than constraining ourselves to a formalized structure in which our resources are static and inherently limited, the Business Excellence Solutions approach is to maintain a highly fluid and adaptable network of experts that can be called upon as appropriate. Thus, in this case we applied the skills and experience of an entire virtual team of experts with hundreds of years of collective experience in the precise areas needed for this project.  In other projects, our teams have looked very different and are designed to precisely meet the needs of the particular customer.

Special thanks to Deborah Davis, who worked tirelessly to refine and customize the necessary documents, such as the Charter Statement, Ombudsman Program Brochure, and implementing procedures for the new program.  Without Deborah’s deep knowledge of the organization and its culture and procedures, and her own expertise as a mediator and expert in conflict resolution, the program would have undoubtedly never been fully implemented.  Congratulations to the Greater Albuquerque Association of REALTORS® for its commitment to continuous improvement for customers and for the professional association! It was a pleasure and honor for us to help with this exciting new program!

For more information on the GAAR Ombudsman Program check out http://www.gaar.com/about/ombuds, call 724-3469, or email Ombuds@gaar.com

 

Posted in MacAllister, Ombudsman, Ombudsman Confidentiality, Professionalism | Tagged | Leave a comment

2011 in Review

Posted on January 5, 2012 by Bruce MacAllister

Summary of Activities for 2011

2011 turned out to be a busy year! During this year we worked with a number of key clients and performed challenging and rewarding work. Among others, clients this year included:

  • The United States Department of the Interior;
  • Los Alamos National Security, operating Los Alamos National Laboratory;
  • The Greater Albuquerque Association of Realtors®;
  • The Santa Fe Business Incubator;
  • SAIC; and,
  • The New Mexico First Judicial District Court.

Working with these and other outstanding clients we were able to meet many new challenges and, working in collaboration with them, to accomplish many excellent outcomes.  Some highlights of these outcomes were:

  • Helping the Greater Albuquerque Association of Realtors® implement its new Ombudsman program;
  • Facilitating very challenging community hearings on environmental impact issues for SAIC for a potential new nuclear facility at Los Alamos National Laboratory;
  • Facilitating ten community hearings and community dialogue meetings for other projects under the direction Los Alamos National Security;
  • Conducting organizational development and excellence activities for the Santa Fe Business Incubator and facilitating its strategic planning;
  • Conducting mediations and coordinating a variety of organizational development and organizational conflict assessments for the Department of the Interior;
  • Working with the New Mexico Governor’s Office to explore the viability of an Ombudsman program for New Mexico State Government;
  • Conducting a wide variety of conflict resolution, communication, and leadership training and hands-on  staff development training and mentoring for a variety of clients; and,
  • Continuing to handle a steady stream of court-referred mediations for the New Mexico District Court.

Along with the challenging workload of client-oriented projects, we also published a number of articles and 23 blog postings! I also had the opportunity to work with several new collaborators on BES projects, including Kelly Hill, an outstanding mediator and life coach, and Camilla Lopez, a former ombudsman and case tracking systems expert.  In addition to my work with new collaborators, I continue to enjoy my long, on-going collaboration with Monique McKay, co-founder of BES and co-founder of the Master Mediator Institute. Monique’s humor, optimism, and intelligence always sustain me during times of challenge or doubt.

All in all it was a very busy year, and I sincerely thank my clients for the continued opportunity to work with them and to help them meet their challenges and achieve their goals. I am especially thankful to have maintained such a full platter of work in the current economic climate.

BJM  – January 5, 2012

Posted in Articles, Assessment, Coaching, Communication, Employee Training, Facilitation, Los Alamos National Laboratory, MacAllister, Master Mediator Institute, Mediation, Mentoring, Monique McKay, Ombudsman, Organizational Development, Public Meeting Facilitation, Strategic Planning, Training, Uncategorized | Tagged , , , | Leave a comment

Continuing our discussion on tips for effective communication…

Posted on November 19, 2011 by Bruce MacAllister

Twelve Tips for Effective Communication – Tip Five: Communication is Not Just Speaking

So far in our on-going discussion in which we will ultimately offer “Twelve Tips” for effective communication, we have discussed four ways to help you improve your communication skills when they may really matter.  The first point we discussed was to set a goal for your communication.  Then, we talked about visualizing an outcome and developing a plan to accomplish your goal. Third, we discussed one aspect of communication linking to basic preferences as to how we make decisions and interact. In our fourth session, we discussed the role of “listening” in the sense of being alert to all the clues and information that a person conveys, not just verbally, but in their body language, tone, pace of delivery and other aspects of communication.

Today, we will touch on another area of communication, which is actually a corollary to our last discussion.  That is, understanding that communication happens on many levels beyond the words you share. Just as we should listen for all sorts of information when we are involved in an important communication, we likewise have the opportunity to use an amazing variety of tools to enhance the effectiveness of our communication. Much of what we will focus on in the rest of this series of communication-focused discussions will explore these fascinating opportunities.

A number of entire books have been written on the subject of enhancing communication using verbal and non-verbal techniques to enhance our communications. Today’s discussion will offer only an overview of things to come as we pursue our discussion to deeper levels in future posts.  In general, we will focus on tools to build rapport and create congruence in your communications with the other person, when those communications are important to you. The areas we will focus on or discuss in more depth than we have so far will include, among others:

  • Proxemics, or understanding how our use of space and proximity to others affects how we come across.
  • Framing and the effective use of word choice, archetypes, and metaphors to connect with your listener.
  • Neural linguistic programming, or the awareness and use of extremely deep-rooted word choices and learning styles to create a link with the listener.
  • Haptics or the delicate art of using touch in appropriate situations.
  • Mirroring, matching, pacing and leading both verbally and non-verbally to create subconscious rapport
  • A variety of other tips to help build trust and rapport and make connecting and communicating with another easier.

For now, try considering the aspects of communication that we have already discussed – in particular the discussion on interpersonal styles and the comprehensive listening skills we discussed last time.  Try listening to and observing the communication styles of someone who is important to you.  Consider what you see and think about ways that you could use what you have observed to build better congruence with the other.  Can you use your awareness of their approach to decision-making to make it easier for them to feel a connection to you? Can you pace with them so that the other views your conversation has having a natural easy flow?  Can you consciously observe the metaphors and word choices the person makes, and pick words that they resonate with, even though they are not consciously aware of your word choice?

BJM  11/18/11

Posted in active listening, Communication, Decision Making, Deep Listening, Listening, MacAllister, Subconscious Rapport | Tagged , | Leave a comment

Continuing our series on tips for effective communication …

Posted on November 11, 2011 by Bruce MacAllister

Twelve Tips for Communication Tip Four: Listen Comprehensively – the Many Levels of Listening

Listening involves more than just hearing. In this post, our focus is on understanding comprehensive listening: listening in the broadest and most powerful sense.  This concept expanding listening from one of simply hearing another, to one of receiving information from another in the broadest and more informing and enabling sense. In an earlier blog post on “Deep Listening” colleague, David Markwardt talked about listening in the context of a leadership skill and suggested that if readers approached listening with the idea of listening for issues that are important to the speaker and not jumping too quickly into solving the speaker’s problem for them.” David’s focus on developing the “listening muscles” will certainly apply to the larger sense of listening that this article focuses on – understanding listening as an activity that is far broader than solely a function one’s ears.

In an earlier post, I mentioned Dr. Steven Covey and reviewed some of the “habits of highly effective people” in the context of effective communication.  Specifically, I mentioned the notion of seeking first to understand the other. If we can effectively and deeply understand the other, we will be far more effective in meeting our own needs by avoiding the potential barriers created when we inadvertently fail to understand how our needs can be dovetailed with another’s.

Let’s look at some of the components of “comprehensive Listening.” Among the key components of comprehensive listening we will discuss here are listening for the speaker’s:

  • Verbal content and expressed needs;
  • Emotional content;
  • Non verbal content;
  • Style, and conscious and subconscious metaphor use; and
  • Barriers to trust and rapport and opportunities to bridge them through congruence.

Let’s now look at a brief overview of these skills …

Perhaps the most seemingly obvious listening component is listening to the verbal content of the speaker’s communication. What is she telling me?  While listening for the message conveyed in the words seems obvious, in fact, it can be the most challenging aspect of communication.  Take, for example, the huge difference in meaning between “Yeah right!” when spoken with a smile and excitement versus the same phase spoken with sarcasm and rolled eyes – two completely opposite meanings. While this is perhaps an over-simplified example, challenges to listening to the verbal content of the speaker come in much more subtle forms. For example, in today’s modern e-mail-driven environment, we are left with only the unembellished words. We are left to fill the basic tenor and underlying intention of them on our own.  It is established that we interpret raw information congruent with our own state of mind.  Thus, we can read the same words and impute completely different intentions on the part of the speaker depending on our own mood. Since studies consistently show that, as a part of the total potentialcommunication, the purely verbal, or word-based part of our communications with others typically comprise only around seven percent of our total communication, when weighted together with the paralinqual – that is the expression we place on our words – and the non-verbal components of communication. E-mail has its place in documenting communications, and conveying simple contents.  However, you may want to ask yourself before your next important and complex communication, “is e-mail the way that I want to communicate?

When we listen for emotional content of communication what we observe may be obvious. It could be as obvious as the earlier example of the person saying, “yeah right!” when their rolled eyes and sarcastic expression indicate precisely the opposite meaning. Likewise, a shouted “No!” may be pretty clear in terms of meaning in most contexts. But, often more subtle incongruencies may be imbedded in the communication.  Body language that suggests discomfort, even when the speaker is saying “yes” is a good example. Be alert to the non-verbal signs of emotion that are not in line with the verbal or written message.  It may be changes in the pace of the speaker’s delivery,  or changes in voice tone, a shaky voice, or some signs, obvious or subtle, of discomfort in the speaker.  A long pause before a response may indicate that the person is sifting through emotions to find words. Not jumping in to fill the silence will afford the person time to feel their way through to a response.

Being alert to non-verbal communication and watching the speaker’s body language will provide invaluable information for deeply understanding them and ultimately connecting with them. Is the person facing you and making comfortable eye contact? Is their speech quickened while their shoulders are raised and tight? In another posting, we will discuss additional specific body language issues and tools to use body language to help build rapport. For now, what we are focusing on is “listening” for these signals so that we can learn from the non-verbal message we are “hearing.”

Listening to the way the speaker laces words together and her metaphor choice will provide powerful insights into opportunities to bridge different approaches to communication and to eliminate distracting differences in the approach to conversation.  For example, if the person repeatedly likens the issue they are talking about to a “battle between …” and consistently uses martial metaphors, such as “winning the battle but losing the war…” and other similar metaphor choices, that word choice can inform the listener about the emotional position of the person, and what metaphors you may want to choose to connect with them.  How the person “frames” their concerns and perspectives yields an incredible amount of information and can help you plan your own communication.

Listen for clues in word choice for visual, auditory, or kinesthetic preferences. Individual communication style actually runs deep into the speaker’s subconscious. Whether the person shows a preference for visual word choices, such as “I can see the day when;” auditory choice, like “That idea really clicks for me;” or kinesthetic (feelings and emotions) such as “I just don’t feel right about …” provides amazingly valuable information for you when the time comes to connect with the person when you speak. Don’t forget about the subconscious decision making styles just discussed in our last post.

Finally, stay alert to any signs that become apparent in your listening process that reveal any underlying trust or rapport issues. These may be as simple as obvious differences, such as gender, race, ethnicity, language, or other issues.  Or, they may be far subtler, such as subtle incongruence in communication pace, style, metaphor, and other features.

I hope you will see as the discussion progresses, that all of the tools and approaches we discuss in this series will tie together to provide a comprehensive series of tools to help you sharpen your ability to be a likeable, trusted, effective listener and a persuasive speaker.

BJM  11/11/11

Posted in Communication, Decision Making, Deep Listening, Listening, listening Muscles, MacAllister, Markwardt, Power with people, Subconscious Rapport, Uncategorized, Upcoming topics | Tagged , | Leave a comment

Tools for Effective Communication: Third Tool

Posted on November 3, 2011 by Bruce MacAllister

Tools for Effective Communication: Third tool: Understanding Styles.

So far, we have discussed two tools designed to help you approach an important communication: setting a goal for the outcome and planning the communication before jumping into it. Perhaps most of us intuitively feel that the best communications seem easy and natural.  They happen almost automatically and so we don’t really think about what makes them work so easily. And yet, should we choose to take the time to evaluate why they work, they are “easy” for a specific reason or several reasons. If you have easy communication with another, it adds little value to “over-think it.”  If it is working, then there is frankly little reason to mess with it.  The series of postings on Tools for Communication are designed to help you evaluate the sources for communication challenges and to provide tools and approaches to help when communication with another seems more challenging.

The third communication tool is understanding the style of the person which whom you are communicating.  Several of our postings will be closely related to this overarching topic.  Today’s focus will be on the style with which the listener prefers to approach problems. Other posts will discuss even more deep-rooted style issues.  Fundamental to the next several postings in the underlying understanding that easy communication invariably happens as a result of being in “congruence” with the other person or persons involve. Congruence is a derivative of the term “congruent,” which the dictionary defines as “being in agreement or harmony,” or “being identical in form.” When I suggest that we should strive for congruence in our important or challenging communications, I am not saying that we should simply mimic what we hear from the other person, nor am I suggesting that we should parrot them, dress exactly like them, or scratch when they scratch.  What I am saying, however, is that even when one communicates in the same language – in our current case, English – communication unavoidably involves a series of word and metaphor choices and styles and approaches.

Each of us has deeply engrained preferences for word and metaphor choice, pace of communication, accompanying body language, non-verbal supplements to our communication (much more will be said about this in a later posting). Likewise, it is now well established that each of us has the hard-wired propensity connect with the other and on a very unconscious level to share similar responses to similar stimulus.  In fact recent research has revealed that many of the higher primates possess specialized neurons within their brains – mirror neurons – that react in response to connection with another individual.  It has been shown for example, that when one monkey sees another eating a nice piece of juicy fruit, the same parts of the brain react in the observing monkey as in the monkey actually eating the fruit. Thus, the physical reaction and brain areas stimulated are similar in each monkey.  While researchers have not yet isolated and identified mirror neurons in humans, deductively we see similar responses.  Think about it.  How often do you feel compelled to yawn when someone else yawns, as just one example?

As we drill down into this topic, lets start for today’s posting with looking at problem solving or decision-making styles.  Have you ever prepared what you thought was an excellent report or presentation and presented it to someone seemed “underwhelmed” by the work, even though the topic was important and a decision was required? If not, count yourself lucky! If so, read on!

While individuals are far too complex to be easily categorized in boxes and labels, there are many instruments out there that purport to do just that?  What is the utility of labeling someone?  What good does it do to know that someone is of a certain Meyer-Briggs “type” or a certain DiSC® type? For the average person, these tools as diagnostic instruments are of little value. Yet, as a non-diagnostic indicator of a person’s communication preferences they can be very useful.

For example, most people have some single or combined preference around approaching communications and making a decision or accomplishing a goal.  Regardless of the specific instrument used and its specific labels, people do have their preferences in the way they approach discussions. Let’s look at some of them. Several instruments tend to categorize people generally along the lines of the following four groupings: People who are decisive and want to jump quickly to the solution, sometimes called “drivers.”  Others love to explore the future as it could be and to reach solutions in light of a new approach or creative new solution.  We’ll call these people “creators” for our purposes. Others hold their relationship with others as the single most important aspect of their interactions with them.  These individuals need to “know” and trust the other individual.  They need to feel like they are connected first with the other person before moving forward to work with them and to approach a problem.  For our purposes we will call these people “empaths.”  Finally, some individuals place greater importance on the system and its “rules,” rather than on individual decision-making or creativity, regardless of the level of “connection” with the other. I call these people “systemizers.” They like to work with predictability, rules, and bounded variables. Naturally, these lines can be blurred and people are far too complex to fit neatly into a single category every time.

Further, people often gravitate to certain work and professions, which align with their styles.  Invariably, a room full of CEOs will have a high representation of “drivers” and “creators”  — people who can envision creative solutions and are not afraid to make the call to implement them.  A room full of accountants may have high representation of systemizers.  After all, while we value creative solutions to address new problems, we rarely value “creative accounting!” Counselors and customer service representatives will often have the predominate characteristics of an “empath.”  People whose jobs task them with often “thinking out of the box” or designing new features, products, or solutions have strong “creator” traits. The “creator” trait is often highly represented in jobs such as system designers, architects, futurists, and applied research.

You may ask, “So what does this me? How do I know about me, let alone the other person that you seek to influence?  The answer is that it is actually not that difficult to make educated guesses and to test them as you work with the other person.  Here are a few questions you can ask yourself and use to evaluate the other person:

  • Do you like read-aheads and short and to-the-point formal meetings with specific outcomes and very specific timeframes? Is the task the most important thing to address in your meetings? Are deadlines important and real? Do you keep your desk clear and touch things once? Do you feel uncomfortable wasting time on small talk when there is so much to be done?  When you call things as you see them – even if you are blunt – you know it is OK because it is “nothing personal?” It is likely you are a “driver.”
  • Are deadlines more of a general goal or suggested target? Do the stacks of paper tend to pile up while you explore options and ideas?  Do you lose read aheads in your office? Do you get excited and enthusiastic and like to spend time in meetings with others talking through the goals and possibilities? Do you see so much more that can be done as an aspect of solving this problem?  It is highly possible your predominant approach to problem solving is as a “creator.”
  • Are deadlines firm commitments to be met? Do you sometimes feel stressed if it looks like you might miss one? Is a deep and clear understanding of the parameters of the project important? Is a methodical approach and implementation plan with defined milestones and fixed outcomes important to you? Are governing guidelines and documents important?  It is likely that you have strong “sytemizer” traits.
  • Finally, o you care about how others feel and believe that it is important for you to get to know the others that you work with before focusing on tasks? Is it difficult for you to work with someone that you dislike or feel that you can’t trust? Is it important and just good manners for someone to share enough about themselves so that you have a feel for “who they are” and what they like? Are the social aspects of working with a team the most fulfilling part of the team interaction?  You may have strong “empath” traits.

So why is it important to be aware of your own style and the style of another whom you seek to influence?  It can make all the difference.

If you want to influence a boss who is a strong driver, it is likely he or she will appreciate a read-ahead and a very organized, crisp and to-the-point presentation. He may like efficiency in terms of how you present information.  Thus, if you have an opportunity for a snappy pie chart versus a detailed table, so that he or she can quickly get a handle on the issue and make a decision, you may find your interaction goes better.  And, seriously, don’t take blunt criticism personally; the driver doesn’t tend to personalize. He or she may seem angry, but they get over it.

Likewise, if you need a decision from a strongly empathic person, taking the person the same snappy pie chart may be less effective than sharing with them the compelling personal impact or harm that occurs, if the problem is not addressed. Be prepared to start the meeting slowly and spend time in “small talk” so that the individual gains a sense of trust and knowledge about “who you are” as a person.

Likewise the systemizer may honestly appreciate the table with the underlying data, rather than “trusting” you with the high-level data that the pie chart reveals. Don’t expect a hasty decision.  The systemizer may have to mull things over, research, and ponder. A final decision may be scary to the systemizer because of its potential impact on the “system” and the possibility of inadvertently breaking “the rules.”

Finally, if you are meeting with the “creator” bring a spare copy of the read-ahead, because it is likely to have been misplaced.  Anticipate that the meeting may start late because the person may have another commitment running beyond the scheduled time.  Plan that your own meeting may take longer.  Be prepared to brainstorm and envision and be clear about deadlines for things you need.

This discussion is just the beginning on a series of topics designed to help you put together a number of ideas on how better to connect. You will find that many of the future discussions closely link.

If you are curious about your own style, I encourage you to write me and ask for to take my simple styles instrument. Like most other instruments it is not diagnostic, nor is it intended to be, but it may provide a useful start point in your journey towards communication styles self-awareness.

BJM

November 3, 2011

 

Posted in Communication, Decision Making, MacAllister, Meyers-Briggs, Power with people | Tagged , | 2 Comments

Recent Activities

Posted on November 2, 2011 by Bruce MacAllister

An Update on Recent Activities

If you have checked in to look for blog updates since mid-summer, you will have undoubtedly noticed that there was silence.  For those waiting for the next posting on relating to the “Twelve Tips for Effective Communication,” it will be posted very soon!  The truth about the delay in recent blog posting is that there has been such a flurry of activity since mid-summer, that it was impossible to support the project initiatives and also tend to the blog – something had give until there was breathing room to catch up!

Here is a summary of the activities that caused the delay in posting more articles on the blog:

Launching a new ombudsman program for a professional association:

Over the course of last spring and this summer I had the pleasure of working with a large professional organization in Albuquerque to help them design a new Ombudsman program that will serve as a resource to help both members of the public and members of the professional organization find information and support and resolve conflicts and issues of concern.  Among other things the support I provided for the new program included:

  • Designing the charter statement for the program and meeting with the Board of directors to review the statement, answer questions, and help make final revisions;
  • Serving as a Q & A resource in a variety of meetings with the professional membership, and a number of the committees and working groups of this association;
  • Developing the program implementation plan, including all the steps for implementation;
  • Drafting the ombudsman position description and providing templates for a job advertisement;
  • Developing a 20-hour training program that included an overview of the core skills necessary for effectively practicing as an ombudsman in the context of the new program and providing training in an array of advanced communication and rapport-building skills. Part of the support role for the training program included securing other professionals to provide additional depth and breath to the training, so that the resulting program included five expert faculty.
  • Designing a case/issue tracking “dashboard,” which will allow the Board and others an instant snapshot of themes and trends as they emerge through the ombudsman program.

The new ombudsman program will become operational within the month and the association is currently interviewing applicants from the pools of individuals who completed the training.

Developing and delivering an Advanced Communications and Settlement Error Avoidance Workshop for the Solicitor’s Office of a large federal agency:

This summer I worked in collaboration with the staff of a large federal agency to design and deliver advanced training to Rocky Mountain regional solicitor’s office for the agency.  The training was attended by 35 attorneys and professional legal support staff and received exceptional evaluations.  The training program was designed to be highly interactive and involved developing a detailed Program Workbook with scenarios, exercises, assessment instruments, settlement error data, and background materials on communication and conflict resolution. We are currently refining the training program so that it can be delivered now nationally.

Providing community facilitation services on controversial national nuclear policy and land-use issues:

Over the summer, I facilitated a series of important public meetings around northern New Mexico involving discussion and review of pending environmental permits at Los Alamos National Laboratory for open detonation, storm water management, individual permit status, status of the Chemistry and Metallurgy Research Replacement (CMRR) laboratory, and the Public hearings for the Environmental Impact Statement public hearings for a possible new plutonium facility at Los Alamos National Laboratory.  These important hearings were often controversial and challenging to facilitate, but it is critical that the public have the opportunity to review the status of information and to provide comment.

Conducting a record number of mediations for private clients, the New Mexico Court system and for federal agencies:

This summer and fall have been extremely busy times for providing mediation services to the courts on cases involving torts and personal injury, home foreclosures, and a wide variety of workplace issues.  It seems that the stresses of the economy and the overall collective attitude of the nation influence our abilities to effectively interact with one another.  I am committed to helping people work through their issues during these tough times.

BJM November 2, 2011

Posted in Communication, Conflict Resolution, Discussions, Employee Training, Environmental Impact Statement, Facilitation, Los Alamos National Laboratory, MacAllister, Ombudsman, Ombudsman Essential Characteristics, Public Meeting Facilitation, Stress, Training | Tagged , , | 2 Comments

“How Leading Lawyers Think” A book review by Monique McKay, LL.M. and Robert Creo, J.D.

Posted on November 2, 2011 by Bruce MacAllister

Preface:

The following is a book review co-authored by professional colleagues, Monique McKay and Robert Creo. Ms. McKay and Mr. Creo are the co-founders of the Master Mediator Institute, which is a non-profit organization that allows mediators, executives, negotiators and advocates to connect with leading scientists and academics to explore cutting edge theories about human behavior. MMI presents Immersion Courses for intellectually curious mediators and executives who seek a greater understanding about the science of decision-making, neuroscience and human behavior. Ms. McKay is also an active collaborator with the Business Excellence Solutions team.

Last spring, I had the pleasure of meeting Randy Kiser, whose new book is discussed in the review below. Mr. Kiser’s extensive research into the psychology of settlement and the sources of settlement error that attorneys are prone to, is fascinating and has been extremely helpful to my work as a trainer for attorneys around the country.

It is my sincere pleasure to feature Ms. McKay and Mr. Creo’s article in this posting — BJM

Book Review: How Leading Lawyers Think” by Randy Kiser

“How Leading Lawyers Think” by Randall Kiser is a rare inside look at decision making, mediation, negotiation and case evaluation from the perspectives of leading attorneys who have successfully taken thousands of cases to trial.  Their collective experience provides engaging, insightful perspectives about how cases are built from the initial client meeting, through settlement negotiations and the factors that impact the presentation at trial.  Lawyers, mediators and other professionals in the legal field will find useful insights to become better decision makers, facilitators of decision making and advocates in the justice system.

Randall Kiser created a study group from a pool of 8,114 attorneys using a rigorous review process and selected only those who made accurate case evaluations and achieved financially effective results at trial. By conducting in-depth interviews with the 78 leading attorneys, Kiser delves into the intricacies of decision making and analysis of legal claims.

The stories, insights, experiences and values of the study attorneys are masterfully woven into a story that allows the reader to rethink how decisions are made and how cases ought to be evaluated. The book sets out what clients should expect in the way of accurate case evaluation, what advocates should deliver and the dynamics mediators should be aware of as they facilitate negotiations.

The attorneys show a deep respect for our legal institution and show that more than advocacy is needed to be effective. Their reflections are analyzed and collated into four sections; Roles and Responsibilities, Frameworks and Connections, Feelings and Traits and Techniques and Strategies. Kiser masterfully captures the attorneys’ insights as they reveal how they perceive a case from the initial client meeting, how they devise the case strategy, how they adjust their strategy as new developments occur, the importance of proper legal analysis and fact checking and the balancing of various factors and competing interests. All this is brought together and the attorneys describe how the complete package is presented in court to a judge or jury in a compelling manner. Throughout these stages of the process, the study attorneys show a deep sense of responsibility for successful outcomes.

Research from social sciences and experiential learning from the legal profession are presented together to explain how lawyers, clients, insurance adjustors, mediators, judges and juries think and make choices along the litigation trail. Bringing these perspectives in adds crucial data and insights to the analysis.

Determining what a legal claim is worth involves a holistic approach with multiple, ongoing and adaptable considerations and strategies.  The study attorneys share the ways in which they stand apart to achieve highly effective results for their clients while engaging in the profession of law in a responsible, respectful, resourceful and resilient manner. They describe their beliefs, values and experiences about successful case evaluation and show how thought is given to decision making from the moment a client walks in the door, through case preparation, mediation and settlement negotiations to the opening and closing statements at trial.

Kiser understands that the traditional analysis of legal decision making falls short of providing understanding of how masterful advocates make decisions. Attributes such as emotional intelligence, humility, perpetual learning, self-evaluation, creativity and independence are considered in the context of discussion on traditional topics such as liability, damages, judges, juries, experts, mediation, trial tactics and venues. Kiser describes how the best trial lawyers master the art of connecting with jurors and blend compassion with rationality.

“How Leading Lawyers Think” will read like a novel for those who are self-motivated and seeking to enhance their self-awareness, enhance their skills and connect in a meaningful way with all people in the legal system.  For those looking for concrete methods to improve their ability to take a client from the initial meeting to a successful outcome, the book provides a complete context to gain insightful perspectives about what really matters.  For the attorney who is intrinsically motivated “How Leading Lawyers Think” is an easy read full of ideas that can take their practice to the next level.  For those who are extrinsically motivated it’s a must read to see how the best achieve excellence and what the payoffs can be.

Readers will take away useful strategies to improve the quality of representation, an understanding of the importance of integrating explicit and tacit knowledge to improve decision making and an understanding of the personal and professional traits that give rise to reputations as advocates who excel. “How Leading Lawyers Think” is a  book that can be taken very deep, to understand how anyone involved in conflict resolution can become more self-aware and connected to others in the world that are touched by the disputes they handle and make them better human beings as they do so.

Monique McKay, LL.B., LL.M. and Robert A. Creo, Esquire

Monique McKay and Robert A. Creo are partners of Master Mediators LL.C and co-founders of The Master Mediator Institute.

(For more information on the Master Mediator Institute see:  http://mastermediatorinstitute.org/MMI/)

Posted in Communication, Conflict Resolution, Decision Making, Leadership, Master Mediator Institute, Mediation, Monique McKay, Negotiation, Planning Communication, Professionalism, Robert Creo, Self-Mastery | Tagged | Leave a comment

Twelve Tips for Effective Communication; Tip Two: Plan Your Communication

Posted on July 11, 2011 by Bruce MacAllister

Have an outcome in mind and a plan to get there.

– Any important communication warrants advance planning.  You wouldn’t build a house without a floor plan.  Don’t have important meetings or discussions without a communication plan.

My last posting was the first in a series on our tips for communication and focused on setting a goal for your communication. In this closely related topic, we will discuss the importance of planning for any important communication. While we go about our day and have any number of unplanned, informal communications, when the outcome or impact of a communication has important implications, planning can be very helpful to a achieving a positive outcome.

In Dr. Stephen R. Covey’s best-selling book, The 7 Habits of Highly Effective People, he describes seven things that his research revealed that many successful, effective people tend to do as a part of their overall style.  The second habit he describes is “Begin with the end in mind.”  Dr. Covey describes this habit as “based on imagination–the ability to envision in your mind what you cannot at present see with your eyes. It is based on the principle that all things are created twice. There is a mental (first) creation, and a physical (second) creation. The physical creation follows the mental, just as a building follows a blueprint. If you don’t make a conscious effort to visualize who you are and what you want in life, then you empower other people and circumstances to shape you and your life by default. …[1]”  The same can be said about approaching important communications.

So, how do we go about planning for an important communication?  Below, I discuss five key factors that, among others, are often important key elements to effectively planning a communication:

  1. Knowing who needs to participate and why.
  2. Understanding the issue and framing it in a relatable way.
  3. Knowing yourself and the needs and concerns you seek to address.
  4. Knowing the other participants and their needs, issues, and concerns.
  5. Having ideas for how to meet your needs while allowing the other participants to meet their needs.

I’ll discuss each of these elements in a little more detail next.

1. Knowing with Whom to Speak and Why.

It is important to know who should be involved in your communication for many, many reasons.  We will share more about some of these reasons in later posts, such as understanding the other’s decision-making and communication styles. For our purposes in this discussion, it is important to ask yourself the following questions and evaluate some of the considerations that flow from the questions.  First, does the person I seek to influence have control over the outcome I seek?  There is nothing much more frustrating than meeting with someone who can only listen and cannot act on your request, if you need action. Is there someone who, if not involved, can consciously or unconsciously overturn or sabotage the outcome of your meeting? If so, shouldn’t they be involved?

2. Understanding and Framing the Issue

Before setting about to gain commitment from someone or to influence their thinking about an issue or concern, it is critically important for you, yourself, to have a clear understanding of the issue and, perhaps even more importantly, what it is you seek.  I recall one meeting with an individual who was concerned about the way he perceived he was treated in his workplace.  When asked by his supervisor what it was he wanted, he responded “dignity.”  His supervisor did not have a clear understanding of what “dignity” would look like to the person and asked, “will that be one lump or two?”  Needless to say, both parties were somewhat frustrated by the lack of a clear request.  Once, the components of what “dignity” meant to the individual were clarified, it was not difficult to reach some mutual agreement around interactions. However, absent clarification, no progress would have been made.  So, as a person seeking change or to influence another, it is useful to be as clear and concrete as one possibly can, when seeking a commitment from another.  Do not go into a meeting without a clear and concrete vision of exactly what you want.

In addition to having clarity about your issue or concern, it is important to consider how you can frame your issue in a way that those with whom you communicate can clearly grasp it and relate to it.  Is there a construct or metaphor that your listener will readily relate to?  For example, several years ago, a professional colleague and I were asked to facilitate communication among a team of research collaborators.  The collaboration had broken down due to different styles and expectations among the participants. After hearing from all of the parties, it looked like the mutual preference of all involved was to dissolve the collaboration. As a consequence, my colleague and I agreed that the situation was actually now similar to a custody situation.  Understanding scientific researchers, we appreciated how close an individual can become to their work – almost like a family connection, we came back to the full group and framed the key issue as one of custody of the components of the research.  Framing the issue using this particular metaphor turned out to be very useful.  The parties immediately shared an understanding of the goal of the meeting and actually continued and extended the metaphor throughout the dialogue.  The outcome was a durable agreement involving ownership of key components of the on-going research project.

3. Know Yourself and Your Needs

Before you start your meeting, it is often important to review your own needs.  It is one thing to be clear and focused about your desired outcome, but it is another to be locked into a specific outcome at the expense of overlooking other opportunities that may actually serve your underlying interests better. By assessing your actual needs and long-term interests in advance, you can be more attuned to opportunities that you may not have thought of and which may actually provide better long-term opportunities. By understanding the larger context and where this particular interaction fits within that context, you can allow yourself the flexibility to consider and enhance your initial vision as you engage in dialogue.  Absent this deeper self-awareness coming into a meeting, it is easy to overlook opportunities and to lock oneself into a single option.

To be thoroughly self aware – especially when there is an emotional component to your concern can be extremely challenging. You may wish to “bounce” your concerns around with a trusted friend and have that person ask you clarifying questions.  At the very least, depending on your concern or issue, ask yourself the following questions:

  • Why is this important to me?
  • Does the opportunity to address this concern carry more benefit than the possible risk?
  • What do I want to come away with from this meeting?
  • What are the risks and downsides of raising this concern, and how do I minimize them?
  • How does seeking to address this concern affect my long-term goals?
  • What are acceptable alternatives beyond what I might be seeking today?

Once you have a clear idea of a range of outcomes that might be better than the status quo, you will be more fully prepared to engage.

4. Knowing the Other Participants’ Needs

It is important to have as deep an understanding as possible about the needs of the other(s) with whom you will be communicating.  Sometimes you already have a sense of their needs because they have shared them in some form.  Often, however, you may be left lacking a lot of information about what their needs might be.  If so, how does one go about discovering these needs? In order to gain a positive commitment, or to positively influence another, it is truly imperative that you have an understanding of their position, needs, and concerns may be.  In some cases you can gain much of this from collateral sources of information, such as mutual friends or work colleagues.  But absent collateral sources of information, how does one gain awareness of the other?  It may see surprising, but the most obvious approach may be simply to ask!

Earlier in this post, I made reference to Dr. Stephen R. Covey’s best-selling work, The 7 Habits of Highly Effective People. Another adage or key habit that Dr. Covey discusses (Habit Five), is to “Seek first to understand, and then to be understood.”

Dr. Covey points out that most people tend to listen with the intent to reply, rather than listening for the awareness and insights one can gain into the needs and concerns of the other.  In future postings we will discuss deep listening in more detail. For our purposes today, the important point is to approach each meeting with a key goal of learning about the other before launching into a discussion of your own needs.  Plunging into a dialogue with another without this critical step is like diving head-first into a dark pond, not knowing how deep the water is.  You can save yourself and the other a lot of frustration and potentially wasted time, but knowing as much as you can of the other.  I can recount any number of times, when a person thought there was an issue, only to find out that the other person actually agreed with them from the outset.

The other benefit of seeking to understand the other first is that it sets a positive tone for the dialogue.  It’s amazing how spending a little time asking about the other and their needs and interest paints you as a “great listener.” Being likeable is a critical component to being successful in your communication.  And, being a good listener often enhances your likeability.

In future postings we will also speak more about knowing the other participant, in terms of their communication and decision-making styles, and the power of harnessing this knowledge for the purposes of positive influence.

5. Meeting Your Needs While Meeting the Needs of the Other

When you have a clear understanding of your needs as well as those of the other, you are in a far better position to develop positive outcomes that work for all involved. Many writers, including Dr. Covey (see for example his Habit Four: Win-Win Outcomes, and Habit Six: Synergy) speak of the value of seeking solutions that meet not only your needs, but those of the other(s).  In their ground-breaking work in negotiation research, Roger Fisher and William Ury, discuss the value of approaching conflict with the goal of a “win-win” outcome[2].  While, in my experience, seeking a win-win outcome no matter the energy involved and the deep-rooted can yield frustrating results[3], deeply appreciating and considering how you can meet your own needs while helping the other meet theirs is, in many cases, a very powerful tool.

As Steven Covey puts it “Win-win sees life as a cooperative arena, not a competitive one. Win-win is a frame of mind and heart that constantly seeks mutual benefit in all human interactions. Win-win means agreements or solutions are mutually beneficial and satisfying[4].”  When everyone sees advantages to the outcome arrived at, the odds of the outcome being durable and supported by many are greatly increased. Likewise, as Dr. Covey points out, “When people begin to interact together genuinely, and they’re open to each other’s influence, they begin to gain new insight. The capability of inventing new approaches is increased exponentially because of differences.[5]”

Conclusion

By having a clear vision of the interests you seek to further, and knowing how this might dovetail with the interests of others, you can greatly improve the chances of an effective outcome.  Approaching your concern with an appreciation of the others involved and their needs, enables you to approach a concern in a way that others may see as opportunity rather than threat. Spending time planning your important communication vastly improves the prognosis for a great outcome!

©Bruce J. MacAllister, July 2011

[1] For more information on Dr. Covey and his work, see https://www.stephencovey.com/7habits/7habits-habit2.php

[2] See, for example, Roger Fisher and William Ury’s book, Getting to Yes: Negotiating Agreement Without Giving In.

[3] The concept of “win-win” works well in high-level negotiations with multiple stakeholders and deep rooted issues, such as international negotiations.  However, for smaller, single issue issues, the win-win paradigm may actually add stress to approaching the issue. For example, the energy of seeking a “win-win” solution may exceed the benefit of the results when the issue is trivial and a simple commitment from another is not that unreasonable. Likewise, I have conducted many divorce mediations, where the operating construct of win-win may be unrealistic given that, under the best of circumstances, everyone is giving up something.


Posted in active listening, Articles, Conflict Resolution, Deep Listening, Discussions, Listening, Planning Communication | Tagged | Leave a comment

Twelve Tools for Effective Communication; Part One — Set a goal for your communication

Posted on June 24, 2011 by Bruce MacAllister

Twelve Tools for Effective Communication

Introduction

In the coming weeks, we will be posting a series of articles expanding on our concept of twelve communication tools.  These tools are designed to help a person plan for and effectively execute an important conversation.  Of course every communication does not require extensive planning to execute or to be effective.  In fact, most comfortable dialogue happens in the absence of conscious planning and is the result of subconscious factors that we are not even aware of at the time.  But, what about those conversations that end in conflict, or those conversations that we don’t have because we avoid the discomfort of approaching the person or the topic? This series of articles is designed to help a person improve dialogue in situations where something has gone wrong in communications in the past, or something just seems to be currently lacking in the relationship and, as a result, dialogue with this particular person, or about this particular topic, seems stilted and uncomfortable.

Tool One: Set a goal for your communication

What is the reason for your communication?  Do you hope to surface and resolve an issue that is of concern to you?  Do you want to build a relationship with the person?  Do you hope to repair an injured relationship? Are you seeking a favor?  The approach and content of your communication may vary radically depending on the goal of the communication, so it is important to have a clear understanding in your own mind about what you hope to achieve in the dialogue.

Here are so examples of how understanding your goal might affect your approach:

If your goal in a communication is to rebuild a relationship after a negative encounter, your decision about how to approach the communication will be affected in many ways. We will speak in more detail as we explore communication further, but with this goal in mind you decision about when and where to have the communication will be definitely affected, as will your initial approach to opening dialogue.  In contrast, if your goal is simple rapport building a more casual approach in a variety of settings will work just fine.  Seeking a favor? – you may want to set the tone differently, so it is implied that you are willing to exchange a favor as well. Finally, if your goal is to voice a concern, you will undoubtedly want to spend some mental energy thinking about how to frame the concern in a way that is best calculated to reduce the potential that the listener will become angry or defensive.

What’s next?

In the upcoming series of blog articles, we will focus on issues and approaches, and share a number of tools and pointers on how to manage a wide variety of communications, when the outcome of the communication can be really significant – from getting a job or a raise, to addressing a serious area of potential conflict.

I hope you will enjoy this new series!

Bruce MacAllister, J.D.  June 2011


Posted in Communication, Conflict Resolution, Focus, MacAllister, Upcoming topics | Tagged | Leave a comment

New Articles and Postings

Posted on June 22, 2011 by Bruce MacAllister

There are two new articles posted in our Articles section of our website! One article includes the full text of the series of recent postings regarding leadership and leadership models. The second is a high-level summary of our upcoming series of Blog articles on Effective Communication. Watch in coming weeks for more detailed discussions on effective communication!

I hope you enjoy the new articles and find them useful!

Bruce MacAllister, June 2011

Posted in Uncategorized | Leave a comment