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Asking The Right Questions

3D Maze

In mediation as in many aspects of business and life in general asking questions is important to the successful outcome of any endeavor. When you’re in school you are taught that there is no such thing as a stupid question. The motive behind that thinking is that students have to be taught not to be afraid to ask questions.

This same thinking finds its way into business coaching and training models and this sometimes does more harm than good. By the time someone has entered the business arena in whatever capacity that person should already know that asking questions is important; so the real question, pardon the pun, is how to ask the right questions. In Jeffrey Gitomer’s Little Red Book of Selling he sets out a number of axioms about asking questions, and I will offer the following three to illustrate my point.

  • What you ask sets the tone and the perception of the other party
  • What you ask determines their response
  • What you ask makes or breaks the deal

How he addresses these truths is worth reading because they have an almost universal application. In mediating disputes asking the questions in the right way is critical to the success of a mediation. A question phrased incorrectly or carelessly can have an immediate and adverse impact on the progress of a negotiation. Conversely, a well-crafted question can be the catalyst that advances the negotiation process.

The key is being prepared. It sounds simplistic but it’s not. Some mediations allow the mediator time to think about what questions to ask, but others occur with little time to prepare. However, those doing the actual negotiating almost always have some time to think about the questions that need to be asked. That opportunity should never be ignored; otherwise failure is the likely outcome.

Is Testing in the Workplace Ethical?

photodune-336218-bridge-xs1The simple answer is yes-testing in the workplace is legal. Tests are not only critical in hiring people with the skills and competence to do the work, but they also are used to decide a candidate’s aptitude for the work. It is a widely accepted practice rooted in both culture and law. So why do companies and people get into trouble ethically and legally when implementing various tests; whether pre-employment or post employment.  The reason individuals find themselves in trouble in this area is that they do not take the time to understand the rules, and there are rules related to administering tests.

To prevent conditions that cause companies/individuals to violate the federal anti-discrimination laws in a way that intentionally or unintentionally results in discriminate based on race, color, sex, national origin, religion, disability, or age (40 or older), any testing program has to follow:

1. Objectivity – When testing is include in the process of evaluating prospective employees, they must be objective. The purpose should, to the extent practical, be reflected in the policies, procedures, and job descriptions governing the work in question. For example, physical ability requirements have to clearly correlate to the work performed, and not be used to avoid hiring someone who is physically capable but who may also have a disability, such as a prosthetic arm or leg.

2. Validity – Closely related to objectivity, the issue of validity is important from the perspective that the tests being administered must be a true reflection of the skill or ability that the work requires. The validity of a test is established if the test conducted for the purpose of assessing the individual is appropriate to the work, and the conduct of the test will produce results that can be measured.

3. Reliability – If a test cannot measure the qualities and capabilities in a consistent way that produces measurable results, such tests are not reliable and are not valid. Reliability means that the results can be repeated over a series of tests. The term often used is replicated. It is important that tests be designed for a specific job or series of tasks.

Tests are expensive to develop and implement, and so it is essential that care be taken to make sure any testing programs a company implements or modifies be examined using these criterion. The legal consequences of failing to do so are significant.