I was having lunch recently with a friend. She started to tell me about a situation she was having with her neighbor. It involved a tree in the neighbor's yard that was growing in a way that was damaging the wall between the two properties. As she was relating the story to me, I started to get a little anxious. You see, what she was describing is the way that a lot of pretty nasty lawsuits get started. I worked on a case like that a while back. It went on for years and reached some truly ugly levels with a couple of incidents where things got physical and police were called. It was a textbook example of how not to manage conflict. I'd heard many similar stories from other lawyers, and as my friend started to tell me about writing a letter to her neighbor to deal with the situation, I was worried that I was going to hear another ugly story. Fortunately, as my friend related the words of wisdom she used to start her letter, I knew that wasn't a concern.
Dear Neighbor,
I need your help ....
Four simple words, but quite powerful. You take a potential enemy and enlist them as an ally, and sure enough, that's exactly how things worked out for my friend.
This is a great example of a concept discussed in the book Getting to Yes, by Roger Fisher and William Ury. They suggest that when negotiating with someone you "separate the people from the problem." Doing so makes it less likely that the person you are dealing with will react defensively. My friend went a step further and asked for help. Maybe I'm naive, but I believe that most people like being helpful when given the opportunity. I've taken this approach with people lately, and it sure seems people respond well. Interestingly enough, I've had a couple situations where I haven't even explicitly asked for help. Instead I just thought of the person in question as a partner instead of an enemy, and it definitely made a difference. Not only does it help in my dealings with the other person, it helps me focus on what is now our problem.
