One way to resolve a dispute before going to court or “lawyering up” as the saying goes, is to try and reach an agreement with the other person, to try and work things out, come to a mutual understanding, to settle.
Of course, sometimes this is more easily said than done. Sometimes it seems like you’re talking to a brick wall, but in general, I think taking the approach that settlement is the best way to solve a problem is a good rule of thumb. I also know that coming to an agreement early on with “the other side,” means your problem will be resolved a whole lot sooner without you spending a lot of time and money.
These of course of sweeping statements and there’s a lot that has to happen to settle a dispute before it ever becomes a lawsuit, or even after a lawsuit is filed, and let’s face it, we’re all very good at telling people they need to be better listeners, or , “You should listen more,” but we’re not so good at telling people exactly how to listen better or more?
While it’s not law specific there’s a fascinating TED talk on the topic of listening by by Juilan Treasure “the chair of the Sound Agency, a firm that advises worldwide businesses — offices, retailers, hotels — on how to use sound.”
In his informative and entertaining presentation, Mr. Treasure explains “We’re losing our ability to listen and that’s not trivial because listening is our access to understanding. Conscious listening always creates understanding.” He also says that “we spend roughly 60% of our communication time listening. But we’re not very good at it. We retain just 25% of what we hear.”
If you want to listen to a slightly longer but very good NPR interview, click here, or if you want to watch and listen, check out this short video