Res Judicata


The old Latin legal phrase, res judicata, means a thing already decided and settled. Res judicata is a legal principle quite consistently followed by almost all courts. It is the rule that a final judgment or decree on the merits of a matter by a court of competent jurisdiction will be final and conclusive as to any later lawsuit on all points or matters determined in the former suit. This means that between the parties themselves the dispute is closed at the conclusion of trial. However, this does not prevent a lower court decision from being appealed to a higher court.

This principle of res judicata prevents  an unsuccessful litigant from taking an unfavorable decision to another trial court for a second lawsuit on the same complaint or same set of facts. Res judicata applies between the parties in a civil lawsuit, affecting those parties and no others.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Attitude


Attitudes are hypothetical constructs, they cannot be seen, touched, heard, or smelled. Because attitudes cannot be observed, a variety of perspectives have developed over the years in attempting to describe what they are. Fortunately, there is now widespread agreement that the term attitude should be used to refer to a general and enduring positive  or negative feeling  about some person, object, or issue.

The effective component  is what is generally  being referred to when people use the word “attitude.” However, attitude theorists recognize two additional components, cognitive and conative. The cognitive component refers to a person’s beliefs (knowledge and thoughts, which sometimes are erroneous) about an object or issue (e.g., “Reebok shoes are more stylish  that Nike;” “Nike Air Jordans are high-quality basketball shoes”).

The conative component represents one’s behavioral tendency toward an object. In consumer-behavior terms, the conative component represents a consumer’s intention to purchase a specific item.

Attitudes are learned predispositions to respond to an object or class of objects in a consistently favorable or unfavorable way.

An attitude is characterized by progressing from “thinking” (cognitive), to “feeling” (affective), to “behaving” (conative).

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

 

An Advice to Change Leaders: Persuade Indirectly


In large organizations, it is not feasible to persuade people through one-on-one communication. Particularly, if the organization is multi-locational, persuasion has to be through indirect means such as memos, speeches and newsletters. Change leaders also need to build capabilities in persuading others indirectly. The following guidelines can help managers be effective in indirect persuasion:

  1. Neutralize the power of informal networks: Change leaders need to develop reliable communication channels to communicate their change agenda directly to employees in the organization. Otherwise people will rely on informal grapevine that can distort the change message either unintentionally or deliberately. In either case, employees may develop unfavorable perceptions of the change agenda leading to opposition and resistance. Communication channels such as employee forums, town meetings and special newsletters can counter the grapevine and informal networks. Change leaders must be particularly careful in not withholding bad news because such news gets out very quickly into the grapevine.
  2. Repeat the message: Focus and repetition are critical for effective communication. This means that the change agenda should consist of only a limited number (two or three, at best) of themes. These themes need to be repeated and reinforced through different communication channels.
  3. Match the medium to the message: Speeches and video-conferences are ideal to communicate vision and values; these media are also appropriate to inspire people to embrace change. On the other hand, data, graphs and charts are best conveyed in the written form—such as memos, newsletters and web pages. Change leaders must think very carefully about appropriate media before communicating their change agenda.
  4. Simplify the message: The change agenda needs to be conveyed through a framework that is conceptually simple and easy to grasp. Yet, change leaders must avoid the trap of oversimplification. Oversimplified messages sound trite and faddish and can significantly reduce the credibility of the communicator. Simple frameworks are easy to remember, and are also powerful in framing the change agenda to mobilize support.
  5. Create a new story about change: Stories constitute a powerful medium to mobilize support. People are more likely to remember stories rather than facts and figures. Stories are also more effective in persuading people to alter their perceptions of change. Therefore change leaders need to be able to craft their change agenda in the form of story.
  6. Build personal credibility: Change leaders who are respected, considered trustworthy and competent are more likely to be effective in persuading their employees to embrace change. Personal credibility is built on the foundation of consistency. Change leaders must demonstrate consistency between their thoughts, words and behavior. Inconsistent, self-serving behavior can severely erode the credibility of a leader.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, Line of Sight