CALSPro - California Association of Legal Support Professionals

Working Smarter, Not Harder

Posted November 13, 2018 in Membership

Research has found that the old adage Work Smarter, Not Harder holds some truth to it. The most important key to a productive work week is to disconnect from work during the weekends. In an article written by Dr. Travis Bradberry, he explains how smart people work less and get way more done.

Some people have an uncanny ability to get things done. They keep their nights and weekends sacred and still get more done than people who work 10 or 20 hours more per week than they do.

A study from Stanford shows that they are on to something.

The study found that productivity per hour declines sharply when the workweek exceeds 50 hours, and productivity drops off so much after 55 hours that there’s no point in working any more. That’s right, people who work as much as 70 hours (or more) per week actually get the same amount done as people who work 55 hours.

“Time is what we want most, but what we use worst.” -William Penn

Smart people know the importance of shifting gears on the weekend to relaxing and rejuvenating activities. They use their weekends to create a better week ahead.

This is easier said than done, so here’s some help. The following are some things that you can do to find balance on the weekend and come into work at 110% on Monday morning.

Disconnect

Disconnecting is the most important weekend strategy, because if you can’t find a way to remove yourself electronically from your work Friday evening through Monday morning, then you’ve never really left work. Making yourself available to your work 24/7 exposes you to a constant barrage of stressors that prevent you from refocusing and recharging. If taking the entire weekend off handling work e-mails and calls isn’t realistic, try designating specific times on Saturday and Sunday for checking e-mails and responding to voicemails. For example, check your messages on Saturday afternoon while your kids are getting a haircut and on Sunday evenings after dinner. Scheduling short blocks of time will alleviate stress without sacrificing availability.

Minimize chores

Chores have a funny habit of completely taking over your weekends. When this happens, you lose the opportunity to relax and reflect. What’s worse is that a lot of chores feel like work, and if you spend all weekend doing them, you just put in a seven-day workweek. To keep this from happening, you need to schedule your chores like you would anything else during the week, and if you don’t complete them during the allotted time, you move on and finish them the following weekend.

Exercise

No time to exercise during the week? You have 48 hours every weekend to make it happen. Getting your body moving for as little as 10 minutes releases GABA, a soothing neurotransmitter that reduces stress. Exercise is also a great way to come up with new ideas. Innovators and other successful people know that being outdoors often sparks creativity. I know that a lot of my best ideas come to me while I’m surfing. While you’re out in the ocean, the combination of invigorating activity and beautiful scenery creates the perfect environment for an influx of creativity. Whether you’re running, cycling, or gardening, exercise leads to endorphin-fueled introspection. The key is to find a physical activity that does this for you and then to make it an important part of your weekend routine.

Reflect

Weekly reflection is a powerful tool for improvement. Use the weekend to contemplate the larger forces that are shaping your industry, your organization, and your job. Without the distractions of Monday to Friday busy work, you should be able to see things in a whole new light. Use this insight to alter your approach to the coming week, improving the efficiency and efficacy of your work.

Pursue a passion

You might be surprised what happens when you pursue something you’re passionate about on weekends. Indulging your passions is a great way to escape stress and to open your mind to new ways of thinking. Things like playing music, reading, writing, painting, or even playing catch with your kids can help stimulate different modes of thought that can reap huge dividends over the coming week.

Spend quality time with family

Spending quality time with your family on the weekend is essential if you want to recharge and relax. Weekdays are so hectic that the entire week can fly by with little quality family time. Don’t let this bleed into your weekends. Take your kids to the park, take your spouse to his or her favorite restaurant, and go visit your parents. You’ll be glad you did.

Schedule micro-adventures

Buy tickets to a concert or play, or get reservations for that cool new hotel that just opened downtown. Instead of running on a treadmill, plan a hike. Try something you haven’t done before or perhaps something you haven’t done in a long time. Studies show that anticipating something good to come is a significant part of what makes the activity pleasurable. Knowing that you have something interesting planned for Saturday will not only be fun come Saturday, but it will significantly improve your mood throughout the week.

Wake up at the same time

It’s tempting to sleep in on the weekend to catch up on your sleep. Though it feels good temporarily, having an inconsistent wake-up time disturbs your circadian rhythm. Your body cycles through an elaborate series of sleep phases in order for you to wake up rested and refreshed. One of these phases involves preparing your mind to be awake and alert, which is why people often wake up just before their alarm clock goes off (the brain is trained and ready). When you sleep past your regular wake-up time on the weekend, you end up feeling groggy and tired. This isn’t just disruptive to your day off, it also makes you less productive on Monday because your brain isn’t ready to wake up at your regular time. If you need to catch up on sleep, just go to bed earlier.

Designate mornings as me time

It can be difficult to get time to yourself on the weekends, especially if you have family. Finding a way to engage in an activity you’re passionate about first thing in the morning can pay massive dividends in happiness and cleanliness of mind. It’s also a great way to perfect your circadian rhythm by forcing yourself to wake up at the same time you do on weekdays. Your mind achieves peak performance two-to-four hours after you wake up, so get up early to do something physical, and then sit down and engage in something mental while your mind is at its peak.

Prepare for the upcoming week

The weekend is a great time to spend a few moments planning your upcoming week. As little as 30 minutes of planning can yield significant gains in productivity and reduced stress. The week feels a lot more manageable when you go into it with a plan because all you have to focus on is execution.

Bringing It All Together

What do you do to make your weekends great? Please share your thoughts in the comments section below, as I learn just as much from you as you do from me.

A Message From Our New President

Posted October 30, 2018 in Membership

By Robert Porambo

As I write this blog article, I think back over the last 50 years and reflect on the rich CALSPro history.  The 28 previous presidents, all of the officers, board members, committee chairs, advocates and administrators — all volunteering hundreds of hours to support and improve our industry.  As I said in my acceptance speech, our current board of directors has over 286 years of experience in the legal support industry. Think about the total combined years of experience of the great people that have volunteered over the past ½ century.  Astonishing knowledge and experience have shaped and developed our organization.

At our 50th conference, our historical committee, Andy Estin, Mike Kern and team did an extraordinary job of highlighting the past 50 years and presenting that information to our members. The program they put together was thoughtful, informative and insightful. I would like to see us give this program to all new members so that they can appreciate being part of a very special association. Please join me in thanking Andy, Mike and their entire team for the countless hours they spent compiling this program and for their “ruthian” efforts.

As we enter the second half-century of our organization, it is important to never forget why this association was formed and to work toward keeping it relevant and viable.  I am going to be a strong advocate for educating our newer members about the rich history of CALSPro, while honoring our founding and most senior members.   With the wealth of experience the current board contains, I want to encourage members to embrace their brothers in the industry and to reach out to the board if we can be of assistance to you in your business or the industry in general.

I look forward to serving the CALSPro membership and keeping CALSPro strong for another 50 years!

Mahalo!

Negative Feedback, The Catalyst For Improvement

Posted October 18, 2018 in Membership

Listening to your critics can help you learn valuable information about yourself, or your business.  When was the last time anyone checked your Yelp! Reviews?  Do you have a feedback section on your website for customers to contact you? If you take the time to see what your clients are experiencing it can and will help you improve your business if you work to improve the issues they raise. Negative feedback is the catalyst for improvement. Justin Bariso recently wrote about how Amazon has the ability to learn from criticism.

Amazon made a blockbuster move yesterday when it announced it is increasing its minimum wage to $15 per hour for all full-time, part-time, temporary, and seasonal employees across the U.S. (The increase should benefit over 350,000 workers this year alone.) Best of all, “Amazonians” won’t have to wait long for the salary bump: It goes into effect on November 1.

But it was the press release detailing Amazon’s big reveal that really drew my attention–because it included an interesting and insightful statement by Amazon founder and CEO Jeff Bezos about why the company made the change:

“We listened to our critics, thought hard about what we wanted to do, and decided we want to lead.”

There’s a lot to be learned from that simple sentence. But I’d like to narrow in on just five words:

We listened to our critics.

Amazon has had no shortage of such critics, many of whom have chastised Bezos for what they consider unfair pay and treatment of entry-level workers. And while Bezos has long defended Amazon’s reputation as an employer, yesterday’s announcement revealed evidence of a remarkable and invaluable quality:

The ability to learn from negative feedback.

We’ve seen this before

This isn’t the first time we’ve seen Bezos’s ability to learn from criticism.

Back in 2015, the New York Times published a viral story portraying behemoth Amazon as a brutal employer that put innovation and company performance above the well-being of its people. On the same weekend the article was published, Bezos sent out a memo to Amazon employees. In it, he encouraged them to give the New York Times article “a careful read.”

Bezos then directed employees to report any incidents similar to those in the story. He even invited employees to reach out to him directly through email. “Even if it’s rare or isolated, our tolerance for any such lack of empathy needs to be zero,” wrote Bezos in an internal memo. A year later, the company announced significant changes.

In both this instance and Amazon’s recent wage increase, it appears Bezos used negative feedback as a catalyst–to reevaluate the situation at his company and to consider if changes were needed.

How criticism can help you grow

In my new book,  I compare the feedback you receive to a freshly mined diamond. Although such a rock is unattractive to the naked eye, its value becomes obvious after the detailed process of cutting and polishing.

Criticism is like that unpolished diamond: To the recipient, it’s ugly. You’re trying your best, and along comes someone to tell you what you’re doing wrong. In most cases, you’ll interpret that criticism as an attack–leading you to defend yourself or simply close your mind.

But here’s the thing: We’re not perfect. Our perspective is limited, and we all have blind spots. That’s why we need negative feedback if we’re going to grow.

Since most criticism is rooted in truth, it usually provides some insight you can use to improve. And even if the feedback is completely off base, it’s still valuable–because it helps you understand the perspective of others.

Much like a diamond cutter can take a raw, unpolished diamond and turn it into something beautiful, you can learn to extract the benefits of criticism and turn it into a learning experience.

So, what if you trained yourself to see criticism differently? Instead of viewing it as an attack, what if you saw it as a gift?

When you treat negative feedback as a learning opportunity, you can do the following:

• confirm the validity of your ideas and prepare yourself for similar criticism in the future;
• better craft your message in a way that reaches those with varying perspectives;
• better identify your target audience; and
• change and adapt when appropriate.

Of course, I’m not excusing thoughtless criticism. If you need to deliver negative feedback, it’s important to learn how to do so constructively.

But if you’re the recipient of criticism, you don’t have that luxury. Turn that feedback around by asking yourself:

• Putting my personal feelings aside, what can I learn from this person’s perspective?
• How can I use this feedback to help me improve?

It takes emotional intelligence to ask and answer those questions. But doing so can turn you from a know-it-all, to a learn-it-all.

Remember, it never feels good to be told we’re wrong. But it’s those who disagree with us–the ones who call us out, who point out our weaknesses and flaws–who help us grow. Those who challenge us truly make us better.

Is There A Right Time To Give Negative Feedback?

Posted October 16, 2018 in Membership

Like most people, I tend to react poorly to negative feedback. Call it a defense mechanism if you will. I work hard at everything I do, and when you know you’ve poured all of that hard work and effort into something, the last thing you want to hear is how you failed to hit the mark. After I calm down and digest the feedback, however, I do appreciate it. In the long run it will make me a better manager, a better employee, a better person. Leah Fessler wrote an interesting article recently about when to give negative feedback.

Oh, the joys of being criticized.

There’s nothing like being told you’re bad at something, especially when the dig comes from someone you respect. Some, including my former employer, harangue you into believing that every piece of feedback is a gift—no matter how badly it stings. These people are probably right. They also make me want to slam my head into a wall.

The truth, of course, is that without criticism we cannot improve. However, negative feedback can easily trigger defensiveness, which is a great way to stifle learning of any kind. Even pointing out a spelling error may piss someone off, if delivered in the wrong way, or at the wrong time.

As a manager, these sensitivities can make giving feedback intimidating. Per recent research, 44% of managers say they find it stressful and difficult to give negative feedback, and one-fifth avoid the practice entirely. Even more surprisingly, nearly 40% of leaders conceded to never giving positive reinforcement, either.

However, research from Northwestern University suggests there may be an optimal time to give negative feedback. This timing has to do with our capacity for self-regulation, which plummets when we’re worn out.

In their 2016 study “The strength to face the facts: Self-regulation defends against defensive information processing,” published in the journal Organizational Behavior and Human Decision Processes, researchers at the University of Toronto set out to understand who might be more receptive to negative feedback.

“Specifically, we thought that people high in self-control (i.e., high in the capacity to override their impulses, either at a trait-based, individual level, or as a temporary state) and those high in self-improvement motivation would be more able to withstand the short-term pains of accepting negative feedback in order to yield the long-term rewards,” study author Rachel Ruttan, an organizational behavior professor at the university, told Quartz via email.

Through five studies, Ruttan and her colleagues explored the impact of self-regulatory capacities on defensive information processing—the tendency to deny, distort, or avoid diagnostic self-threatening information.

People who are both low in self-regulatory capacities—both as a personality trait, and temporary state—were significantly more likely to deny the validity and importance of negative feedback, and were less willing to seek self-improvement based on this knowledge. The opposite was true for people high in self-regulatory capacities. The researchers ruled out explanations for these results based on self-esteem and competence-based deficits.

Additional research cited in Ruttan’s study suggests that people’s capacity for self-regulation and self-control declines as the day progresses. This isn’t particularly surprising, said Ruttan: The more tired and worn down we get, the less patience we have, and the more testy we can become. This is why many psychologists and feedback experts suggest waiting a few hours, or a day, before critiquing a colleague if they’re upset about their performance, like a failed presentation.

“In the moment, feedback can be one of the most painful experiences,” Harvard Law School lecturer Sheela Heen, author of Thanks for the Feedback, told Quartz last year:

“This is partly because of these two core, human needs that start off at cross-purposes with each other: On one hand, we actually do want to learn and grow. That’s a big piece of happiness research, and it’s very satisfying. But we also want to be accepted and respected and loved just the way we are now. So when people want us to change it somehow, it suggests that how I am now is not great or not cool.”

For many of us, this dissonance gets worse as the day progresses, which led Ruttan to her proposal that the best time to give negative feedback is in the morning. Perhaps not first thing when your colleague walks into the office—best to let them settle in. But in the first half of the day, for sure:

“Given that we found that those low in self-control had a harder time accepting negative feedback, we connected these two findings to propose that people may also be less receptive to negative feedback as the day progresses,” said Ruttan.

While there’s no specific day of the week that’s best for negative feedback, managers would be smart to heed their employees’ personal lives, said Ruttan. If they have a tough meeting, or trouble at home on a given day, avoid giving negative feedback, as their capacity for self-regulation and motivation to learn from it will probably be low.

Beyond timing, one of the most effective ways to optimize learning from criticism is to combine it with positive feedback, said Ruttan:

“We like hearing that we’re doing well, and positive feedback has been found to increase positive affect and mood. And feeling good can serve as a resource enabling people to tackle negative feedback.”

A Glimpse Into Due Process

Posted October 11, 2018 in Membership

By Clifford C. Jacobs

Many of us have heard that the concept of due process originated from the Magna Carta or “Great Charter” issued on June 15th, 1215 in England. However, most of us have never actually read the text that outlined the basis for our current interpretation of due process. The history is quite interesting but would take volumes to properly present, so instead, I will limit this article to a few facts and then simply present the relevant clause that is credited with establishing the basic concept of due process, and its corresponding sections of our constitution. You can delve much deeper into the intriguing history if you are so inclined.

The Magna Carta was the first document ever that was forced upon a King of England by a group of his subjects (powerful Barons) in an attempt to protect their privileges while limiting the King’s powers. King John (a.k.a. John Lackland, December 1166 – October 1216) did, in fact, put his seal on the document (known as the “Articles of the Barons”) which was presented by these Baron’s on June 15, 1215, and in exchange, the Baron’s renewed their oaths of fealty (their pledge of allegiance to the King). On July 15, 1215, the royal Chancery created a formal document to record the agreement. This was the original Magna Carta, which became the law of the land. It stood in opposition to some of the King’s power, which until that time was the unchallenged mere will of the King. One of the clauses which reduced the power of the King was the security clause which allowed a group of 25 Barons to override the King at any time by use of force in a process known as “distraint”. Perhaps this was the first of many checks and balances that are a common occurrence in governments today. A detailed reading of the Magna Carta will unveil many concepts that have become doctrine in most democratic nations.

In the Magna Carta, King John promised that:

“No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.” It is easy to see how due process was established here.

A due process clause is contained in both the Fifth and Fourteenth Amendments to the U. S. Constitution. Dealing with the administration of justice, the clauses safeguard us from unlawful denial of life, liberty or property; very similar to the protections called for by the Barons during King John’s reign. For comparison sake, I have included them here.

The Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

The Fourteenth Amendment (Section 1 of 5)

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Our Supreme Court’s interpretation provides four types of due process protections:

1. Procedural
2. Substantive
3. Prohibiting vague laws, and
4. As a means for the incorporation of the Bill of Rights.

I encourage each of you to explore due process further to garner an even deeper appreciation and understanding of this noble livelihood in which we partake.

Congratulations To Our Affiliate Of The Year!

Posted October 9, 2018 in Membership

Last year CALSPro began a new tradition to highlight the great work of our Legal Support Professional companies and allow the members to vote for their choice of Affiliate of the Year.

The CALSPro Board of Directors wishes to congratulate all of the companies nominated for Affiliate of the Year 2018. These remarkable attorney services from throughout California went above and beyond the call of duty for their clients and set a very high standard for our industry.

Thank you to the many members who submitted their nominations and provided testimonials about their nominees for CALSPro’s Affiliate of the Year award.

At this past CALSPro Annual Conference attendees voted at the general meeting, votes were tallied, and the winner was announced at the Saturday night Banquet.

It is our great pleasure to announce this year’s Affiliate of the Year! Congratulations to Sterling Madison Company located in San Jose, CA!

We appreciate all that you do. Thank you for always striving for greatness!

Build A Team That Loves Working Together

Posted October 4, 2018 in Membership

When you work at the same place of employment long enough, you will see many employees come, and many employees go. Through those years you tend to develop relationships with those employees and friendships soon blossom. I have found that when you enjoy the people you work with, your productivity as a whole goes up tremendously. Your drive to excel helps to motivate each other to get to that next level.

In a recent article from Mike Kaeding, he points out that through leadership you can build a team that loves working together.

Mike Kaeding writes…

I laughed so hard. In fact, I think this was the hardest I have laughed in a long time.

Let me back up.

Our company supports a non-profit organization that does incredible work helping the homeless get back on their feet and thrive in society. We are passionate about creating a better way for people to live. Supporting the homeless is one way that we live out that passion.

They hosted a charity golf event. Because of our partnership we got a few tickets. The event was going to be a day of golf followed by a dinner.

I wasn’t sure if it was worth spending the day at a golf event. But I luckily kept my thoughts to myself and supported the event. I’m so glad I did.

One of my employees asked others if they wanted to go.

But she did something brilliant. She played it up as a way to see who had the best golf game. She developed a little friendly competition between the two sides of the office.

The Event

The day came and the employees who went had a great day of golf. I came just for the dinner.

But when I saw them, I instantly saw how great this event was for our team. They were laughing and enjoying each other’s company.

We sat down for dinner.

The staff started up new playful banter. One employee mentioned how she couldn’t even figure out how to hook up the keyboard, mouse, and power cables to her computer. Another employee, from IT, was in shock. He suggested that the first employee try a job in the IT department. It would be quite humorous to see how she did for a day.

Everyone was laughing, and we were really enjoying our time together.

It was powerful to see our staff come together like that.

Building a Team that Loves to Work Together

It can be hard to build a team that loves working together. But I think there are a couple important steps.

The first step is to hire the right people

This is a challenge. But first you need to know who the right people are by defining the core values of your company. This makes it clearer what kind of people will work best for your culture and what kind of people will work better for other company cultures.

The next step is to build relationships

The key to building relationships is time. Quality time spent between people will naturally build the relationship. We have formalized processes, like one-on-ones, to guarantee that people will get time together. But it’s also important to support the spontaneous events that also give people quality time together. This leads me to my last point.

My last point is to not get in the way of building relationships

It’s so easy as a leader to make a slight offhand comment that demoralizes people. But great leaders work hard to instead support people. So, be careful not to inadvertently hold people back from spending quality time together. Once people feel comfortable to spend that time, then magic really starts happening within your team.

Workers In Open-Plan Offices ‘More Active’

Posted September 18, 2018 in Membership

Have you ever thought about your company’s office layout? Has it been the same for years? Maybe it is time for a change! In a recent article from BBC News, they recognize that workers in open-plan offices are more active and less stressed than those with desks in cubicles or private offices.

This could be because they make the effort to find privacy to talk away from their desk, the researchers said.

The US study used chest sensors to track movement and heart rate in hundreds of people in different buildings over three days.

The potential health benefits should not be ignored, they said.

But they said the study was observational only and factors like location of stairs and lifts could be at play too.

The University of Arizona study, published in Occupational & Environmental Medicine, claims to be the first to measure activity and stress in office workers, rather than asking them in a survey.

It said office workers tended to be a sedentary group compared to other workers, making them more likely to have health issues, including heart problems, tiredness and low mood.

Being less active during working hours has also been linked to greater feelings of stress.

In the study of 231 office workers in government buildings in the US, those in open-plan offices – with no partitions between desks – clocked up 32% more physical activity than workers in private offices and 20% more than those in cubicles.

And those who were more active had 14% lower levels of stress outside the office compared to those who were less active.

Participants in the study also answered questions about their current mood every hour on their smartphones during work time.

Older office workers were more likely to have higher stress levels. The most stressed people at work were also those who were highly stressed at home too.

On the whole, men were more active than women.

‘Healthy behaviour’

Esther Sternberg, study author and professor at University of Arizona College of Medicine, said: “We all know we should be increasing our activity but no matter how we try to encourage people to engage in healthy behaviour, it doesn’t work for long.

“So changing office design to encourage healthy behaviour is a passive way of getting people to be more active.”

Although people tend to like individual offices or cubicles more because they are more private, the researchers found open plan offices could have other benefits, such as better communication, more impromptu conversations and increased awareness of colleagues.

The researchers said other design features could also affect activity levels – such as how people circulate in their offices, where meeting spaces are located and how accessible stairs and lifts are.

The Tale Of Two CALSPros

Posted September 13, 2018 in Membership

As I was reading the latest version of our eNewsletter yesterday I could feel each author’s passion coming through their words.  I also noticed the genuine happiness expressed in the photographs.  This passion and joy comes from doing something you enjoy alongside people you love. This is the CALSPro I know from the inside.  The one I love.  The one I work so hard to support.

The other CALSPro is the business side. The cornerstones. The policies. The meat and potatoes of representing and educating our industry. Both CALSPros are important because the passion drives the effort that is required to fuel the business side.

What makes me a little sad is that many of our members don’t know the best side of CALSPro because they only see us from the outside. The irony is, the inside is where the true business value exists. The personal relationships that develop from participating directly translate into shared wisdom and business growth. It’s funny how much you get when you are willing to give.

It’s never too late to come inside.  The door is always open.  In fact, the annual conference is the first step.  Come join us.

5 Styles Of Conflict — What’s Yours?

Posted September 6, 2018 in Membership

By Donna Howard

When we think of style, we normally think of clothes, hairstyle, hats and shoes. In the legal field, we may also think of writing styles. Conflict style is not usually at the top of the list. However, we each have a conflict style, or more accurately, a combination of styles, which dictate how we view and respond to conflict. Understanding our conflict style allows us to become aware of our own patterns. We can then pay attention to whether these patterns are working for us and choose to explore alternative behaviors.

I have worked in the legal field since the mid 1980’s. It is no secret that the legal field is fraught with conflict because without conflict, there would be no need for the profession. We work with and for people who are experiencing a great crisis in their lives – litigation, divorce, death, and tax issues to name a few. Often the anxiety of our clients, leads to our own anxiety due to challenging deadlines and personalities.

My experience in the legal field resulted in a curiosity about how processes, other than litigation, can be used to resolve conflict. I returned to college and obtained my bachelor’s degree in Criminology and Restorative Justice and my master’s degree in Peacemaking and Conflict Studies. I am now seeking to share my education and experience with others in the legal profession to increase the likelihood of deliberate and constructive decisions when dealing with conflict. The goal of this article is to provide the reader with a cursory understanding of the five conflict styles. The reader can then test the effectiveness of the various styles for their own situations.

The five styles are collaborating, compromising, accommodating, avoiding, and forcing. All five styles are necessary for maneuvering life. There is not a wrong or right style. For example on the surface one might think “forcing” should never be used. However, forcing is a necessary style when a two-year-old is reaching for a hot stove or attempting to run into traffic. I have listed the five styles below with a brief explanation of the perspective one typically holds when using the style and under which situations the style is most effective.

Collaborating

When we have a collaborating perspective, we view conflict as neutral. We affirm the differences of each other and respect each other’s uniqueness. We recognize there are tensions in the relationship and contrasts in viewpoints. We see conflict as an opportunity for growth. There is an underlying belief that win-win outcomes are only limited by our imagination. This conflict style requires time and effort as the parties reach towards consensus. This style is best used when a conflict requires a more permanent solution. Research has shown that parties are more likely to hold true to their commitments when a conflict is resolved through collaboration.

Compromising

A compromising lens views conflict as mutual difference which is resolved through the democratic process. There is an underlying belief that in order to resolve conflict one must “lose” something. This style requires a moderate level of assertiveness and cooperation. This style is more appropriate for situations where one needs a temporary solution or where both sides have equally important goals. The pitfall of compromising is that it is often chosen because it takes less effort than collaborating, not because it is the better strategy.

Accommodating

An accommodating style indicates an underlying belief that conflict is usually disastrous so one must abdicate. Relationships are prized at any cost. Normally the accommodator relinquishes their own interests, ignores the issues, and attempts to keep the peace at any price. This style frequently works against one’s own goals, objectives and desired outcomes. It is often motivated by fear of the unknown. This style can be used effectively as a short term strategy. For instance if someone has decided they are going to seek other employment, they may opt to accommodate the current employer because they know it is a temporary measure. This style is also effective when the other party is an expert or has a better solution. It is also effective for preserving future relations with the other party. This style should be used infrequently and with intention.

Avoiding

This style has an underlying belief that conflict is hopeless and should be avoided at all cost. This style is often referred to as the flight or fight style. There is a strong belief that conflict cannot resolve in a positive outcome. Therefore one must concede to the other party or leave the relationship. The overuse of avoidance often leads to a cycle of unresolved conflict which can lead to violence. Often this style is identified with delayed responses and withdrawing – emotionally or through physical distancing. Avoidance is a useful strategy when the issues are trivial or when you are not concerned about the outcome. It can also be an effective tool during an emotionally charged atmosphere and where space needs to be created. Although issues sometime resolve themselves, “hope is not a strategy.” Avoidance is not considered a viable long term strategy to conflict. This style should also be used with great intention.

Forcing

The underlying belief in this style is that there is only one “right” answer and that only one party can be “right.” Pressure and coercion are seen as necessary in the resolution of conflict. There is a need to manipulate and control the outcome. This is also known as the “win-lose” approach. A party acts in very assertive way to achieve their goals without seeking to cooperate with the other party. In fact, there is little consideration to the expense of the other party. As discussed above, this approach may be appropriate during emergencies and when time is of the essence. When the parties are aware of the need for quick, decisive action, this approach is supported.

When I was first introduced to conflict style, I was certain I was a collaborating individual. What I discovered after taking a conflict assessment was that my first inclination was to collaborate but I quickly moved to forcing and then avoidance. It was difficult to accept that although I believed in collaboration, I did not possess the skill. I learned our conflict styles are more often than not taught to us by observing our parents and other relatives. As we grow older, life’s pressures and stressors make it difficult to find the time to consider whether our conflict styles are helping us to obtain our goals in life. I also learned that conflict style, because it is a learned skill, can be modified at any point in our lives through education, awareness and practice. Recently when I retook the same conflict assessment and I was pleased to learn that my ability to remain collaborating has increased and my tendency to force or avoid have diminished significantly. I hope this article encourages you to think about your conflict style and how it can be modified to help you obtain your goals in life.  Please look for future articles which will address each style individually.

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About Donna Howard

Donna Howard has worked in the legal field as a legal secretary and then paralegal for more than twenty-five years. She has a Bachelor’s degree in Criminology and Restorative Justice and a Master’s degree in Peacemaking and Conflict Studies.  She currently works at Cuesta College as the Student Support Resolution Coordinator and as a freelance paralegal.  Ms. Howard can be contacted at donnakayhoward@gmail.com or donna_howard1@cuesta.edu.