Workplace Conflict Resolution: Davida S. Perry Of Schwartz Perry & Heller On How Team Leaders Can Create The Right Environment To Resolve Conflicts
An Interview With Eric Pines
1 . Be proactive
2 . Be observant
3 . Be Fair
4 . Step in when necessary
5 . make sure everyone feels heard
An important component of leadership is conflict resolution. Why is conflict resolution so important? How can leaders effectively incorporate conflict resolution into their work culture? In this interview series called “Workplace Conflict Resolution: How Team Leaders Can Create The Right Environment To Resolve Conflicts,” we are talking to business leaders who can share insights and anecdotes from their experience about how to implement Conflict Resolution at work. As part of this series, we had the pleasure of interviewing Davida S. Perry.
Davida S. Perry is the co-founding and managing partner of Schwartz Perry & Heller LLP, a preeminent law firm focusing on representing individuals in all areas of employment law, including discrimination and sexual harassment cases. Ms. Perry’s firm prosecuted employment law cases when this field of law was relatively new and has been responsible for shaping the law.
She’s passionate about the plight of her clients and the fundamental importance of their jobs. In almost every case, it’s a David and Goliath power equation, with a defenseless individual up against a company machine that marshals an army of lawyers and human resources. She prides herself on thinking outside the box, being tenacious and tough, but also compassionate. She says, “When a client says to me, ‘This is the worst time in my life and you’re the bright star,’ then I feel like I’m doing my job well.”
Ms. Perry is a proud supporter of the #metoo and #timesup movements.
Thank you so much for joining us in this interview series. Before we dive into our discussion, our readers would love to “get to know you” a bit better. Can you share with us the backstory about what brought you to your specific career path?
As a young person, I had a burning desire to be involved with Broadway, from behind the scenes. I stage-managed a few plays in high school and college, but when I was getting ready to graduate from college, I was strongly (emphasis on strongly) encouraged to go to law school (my dad was a lawyer) because a career on Broadway was not secure. I went begrudgingly and hated every minute of it. When I graduated in 1985, the economy was terrible and jobs for lawyers were hard to come by. I settled on doing personal injury work for a few firms in the Boston area (where I went to law school). In the early 1990’s I returned to NYC to join my father’s firm. He had just transitioned to employment law as the result of a sexual harassment case he had handled on behalf of a woman working for Penthouse Magazine. It was a very new field of law and we got in at the ground level. I have never looked back. Representing and obtaining justice for employees who have been victimized by discrimination has been incredibly rewarding.
Can you share the most interesting story that happened to you since you started your career?
Honestly, I am still waiting for it to happen.
An important component of leadership is conflict resolution. Why is conflict resolution so important?
Conflict resolution skills are extremely important because, let’s face it, when a group of people work together, it is inevitable that sooner or later there will be disagreements about any number of things at the office. Conflict amongst team members can lead to low morale, decreased productivity and bad feelings. A skilled leader with good conflict resolution skills can successfully resolve difficult workplace situations in a way that leaves employees feeling heard, respected and motivated to keep working at a high level.
How can leaders effectively incorporate conflict resolution into their work culture?
Probably the most effective skill needed to assist in resolving conflicts, is communication. Good communication starts with good listening skills. By taking time to actually listen to the issue, leaders can better understand the problem and find solutions. Leaders can effectively incorporate conflict resolution into their work culture by focusing on building their emotional intelligence, namely empathy, communication, self-awareness, self-regulation and motivation.
Can you please give us your favorite “Life Lesson Quote”? Do you have a story about how that was relevant in your life?
“Start where you are, use what you have, do what you can” and also “Do one thing every day that scares you.”
I am averse to conflict, which is ironic because I am a litigator and am embroiled in conflicts on a daily basis. I use these life lesson quotes to help me find a balance between what I do for work and who I am as a person.
What do you think makes your company stand out? Can you share a story?
My company stands out because we were one of the first firms in NYC to practice employment law. We had ground breaking results early on that have paved the way for countless victims of employment discrimination to fight for their human rights.
We have represented employees in landmark cases such as:
- Thoreson v. Penthouse Magazine and Robert Guccione, which established a significant precedent that a claim can be established based on a victim’s testimony alone.
- Bracker v. Cohen, which was the first discrimination case brought after the New York City Human Rights law was enacted. The Defendant moved to declare the new law unconstitutional. We successfully fought to have the law upheld, which paved the way for victims of discrimination working in New York City to avail themselves of one of the most protective and comprehensive human rights laws in the country.
- McIntyre v. Manhattan Ford where our client was awarded a $6.6 million award and its adjustment on appeal still stands as one of the highest awards for sexual harassment in the nation.
You are a successful business leader. Which three character traits do you think were most instrumental to your success?
Leading with kindness, perseverance and preparation.
- Leading with Kindness
- I’ve learned that being kind is invaluable to someone who is having a life crisis. People go through all sorts of stuff, even if it’s not known to us. Showing kindness is easy to do and it makes the relationship with my colleagues and clients so much easier and more fun. More importantly, the people I work with trust me, which is vital in getting all the information needed to win a case. A client told me once that “This is the worst time in my life and you’re the bright star.’ To me, when I hear any compliment where I am of help in what is one of the most turbulent times in someone’s life, it means that I’m doing my job well. I understand that kindness is a big part of garnering trust.
2. Perseverance
- Employment discrimination cases take a long time to prosecute — sometimes many years. We are in the process of resolving a case now that was filed in 2012. This, of course, is the exception rather than the rule but the average case can take anywhere from 3–5 years. It’s important to stay the course and persevere.
3. Preparation
- To successfully handle an employment discrimination, you need to be fully prepared and so does your client. Sometimes this means many hours of time. I have spent countless hours hunched over my computer reviewing documents that were produced by the company during discovery. It is important to read and review each and everything that is provided. Sometimes a needle is buried in a haystack and unless you look at every piece of paper that you receive you may miss something. It is also important to make sure the client is fully prepared and I will spend as much time as a client needs in order to make them feel comfortable.
Leadership often entails making difficult decisions or hard choices between two apparently good paths. Can you share a story about a hard decision or choice you had to make as a leader?
When my father passed away in 2015, and I took over running our firm, I had to make difficult decisions involving our personnel and possibly letting people go. I had to take over the financial operations, which is not my forte. I realized very quickly that I needed to get support from people that know more than I do about certain things. My husband, who is lawyer, became our CFO so that I could focus on what I do best…being a lawyer.
Ok, thank you for that. Let’s now jump to the primary focus of our interview. Let’s start with a basic definition so that all of us are on the same page. What does Conflict Resolution mean?
Conflict resolution can be defined as the informal or formal process that two or more parties use to find a peaceful solution to their dispute.
What are some common misunderstandings about Conflict Resolution that are important to clear up?
I think a common misunderstanding is that if you avoid the conflict it will go away. Putting your head in the stand is never a good solution because your silence can inadvertently send the message that the bad behavior is not bothering you. It can also empower the wrongdoer into believing they can get away with anything.
I think another misunderstanding is that if you’re adverse to conflict you won’t be good at conflict resolution. I think being adverse to conflict actually helps those who are in conflict, as they are more prone to finding common ground and solutions that work for all involved.
Lastly, I think another misunderstanding is that conflict resolution is always difficult. Some conflict resolutions can actually be easier than you thought. Sometimes the key is just about having open/honest communication and authentic listening.
This might be intuitive to you, but it will be helpful to clearly express this. Can you please explain why it is so important for leaders to learn and deploy conflict resolution techniques?
When techniques are used to avoid or repair conflict, employees feel good about their jobs and work collaboratively together. This is how an employer can get the best out of its people. When employees feel disrespected they often turn to the legal process. I have seen situations where the employee did not have a strong claim or even any claim for that matter but there was an attorney that signed on. The employer felt forced to make a payment to that employee to ensure that the situation would not escalate into a full-blown lawsuit that would take time and a lot of money. Maybe even so much money that the company had to close. I guess the abuse of the legal process is something that employers should bear in mind when they respond to concerns that employees face. It’s always important to make an employee feel heard and supported even if the employer thinks the concern is petty or not important.
On the flip side, what happens to a work culture when there is not an effective way of resolving conflict? How does it impact employees?
When there is not an effective way of resolving conflict, the company may lose good employees. Some may turn to the legal process to obtain resolution and that will cost the employer a lot of money, time and be distracting to productivity. The employees that come to me may have been happy with their jobs, but the environment/culture was a different story. Usually by the time an employee gets to me they have bitter feelings, low morale and sometimes even decreased productivity. Many want to leave or feel they have no choice and resign their positions only to have difficulty finding another job. Oftentimes, they have made complaints to Human Resources that have gone unresolved and their only option moving forward is to continue working in the same poor environment that brought them to HR in the first place. It is most helpful when HR takes on a problem solving role rather one where it is supporting the employer against the employee. The worst thing an employee can be told is that their complaint cannot be substantiated and they should just go back to their desk and work. There is not enough focus on what to do when the complaint comes back unsubstantiated and how to best protect the employee. Obviously, proposed solutions would vary from company to company based on size, location, etc. but moving the employee away from the individual they complained about may be a helpful response.
Ok super. Here is the main question of our interview. What are your “Five Ways Every Team Leader Can Create The Right Environment To Resolve Conflicts”? If you can, please share specific examples of a workplace conflict you’ve encountered, and how you applied conflict resolution techniques to address it.
These are my recommendations for leaders after talking to countless employees who have been wronged either through discrimination or sexual harassment:
1 . Be proactive
2 . Be observant
3 . Be Fair
4 . Step in when necessary
5 . make sure everyone feels heard
I become involved in conflicts when they have escalated to such a point that the employee is either fired, forced to leave or needs legal representation to move forward at the company. Sometimes employers resolve these concerns soon after the employee retains counsel. When that occurs, if the employee is still in the workplace, the employer usually requires that the employee leave the company. In other situations, an amicable resolution is not attainable the employee is required to seek relief through the legal process.
In your experience, what are the most common sources of conflict within a team, and how do you proactively address these potential issues before they escalate?
Poor management, unfair treatment, unclear job roles, inadequate training,
unclear expectations, poor communication, bullying and harassment. The best way to proactively address these potential issues before they escalate is by being committed to establishing a work place culture that, at its core, appreciates and respects its workforce. It’s one thing to have a written policy that says “we have zero tolerance” for bad behavior. It’s another thing to really mean that and make it the foundation of workplace relationships. That means having regular check-ins with staff, making sure that senior leadership is visible and available in the office and not checked-out and listening to concerns with an open mind and desire to problem solve.
You are a person of great influence. If you could start a movement that would bring the most amount of good to the most amount of people, what would that be? You never know what your idea can trigger. 🙂
The Kindness Movement.
How can our readers further follow you online?
https://www.linkedin.com/in/davidaperry/
On Twitter @DavidaPerryNYC
This was very inspiring. Thank you so much for the time you spent with this. We wish you continued success and good health!
About the Interviewer: Eric L. Pines is a nationally recognized federal employment lawyer, mediator, and attorney business coach. He represents federal employees and acts as in-house counsel for over fifty thousand federal employees through his work as a federal employee labor union representative. A formal federal employee himself, Mr. Pines began his federal employment law career as in-house counsel for AFGE Local 1923 which is in Social Security Administration’s headquarters and is the largest federal union local in the world. He presently serves as AFGE 1923’s Chief Counsel as well as in-house counsel for all FEMA bargaining unit employees and numerous Department of Defense and Veteran Affairs unions.
While he and his firm specialize in representing federal employees from all federal agencies and in reference to virtually all federal employee matters, his firm has placed special attention on representing Veteran Affairs doctors and nurses hired under the authority of Title. He and his firm have a particular passion in representing disabled federal employees with their requests for medical and religious reasonable accommodations when those accommodations are warranted under the Rehabilitation Act of 1973 (ADA). He also represents them with their requests for Federal Employee Disability Retirement (OPM) when an accommodation would not be possible.
Workplace Conflict Resolution: Davida S Perry Of Schwartz Perry & Heller On How Team Leaders Can Cr was originally published in Authority Magazine on Medium, where people are continuing the conversation by highlighting and responding to this story.