How many total words are there in English dictionary?
Estimating the number of words in the English language is a complex process. The Oxford English Dictionary estimates that there are around 170,000 words in current use, with an additional 47,000 obsolete words. Compared to other languages, English has a vast vocabulary, with only a few languages having more words.
EX: Son to the Father: So you got drunk and killed someone?
Father also the District Attorney: Words are important. Your mother and I were driving. The woman crossed the street without checking and the car hit her. She died in front of me.
From the Hulu series, Murder in the First
According to USA Today, dictionary.com recently added 300 words and 1200 definitions:
· Bedwetting: exhibition of emotional overreaction, as anxiety or alarm, to events, especially major decisions or outcomes.
· Cakeism: the false belief that one can enjoy the benefits of two choices that are in fact mutually exclusive, or have it both ways.
· Liminal space: a state or place characterized by being transitional or intermediate in some way, or any location that is unsettling, uncanny, or dreamlike.
· Multisexual: noting or relating to a person who is sexually or romantically attracted to people of more than one gender, used especially as an inclusive term to describe similar, related sexual orientations such as bisexual, pansexual, omnisexual, etc….
Introduction
-In mediation and negotiation, use the term “perspective” instead of “your side.”
-Use the term “situation” instead of “your story.”
This was declared in a lecture at The George Washington University Law School Negotiation course. The professor spoke of “word doctoring” or “word-smithing.” When one uses the term “your side” there is often a blowback. I don’t have a side. I will tell you the truth. When one uses the term “your story” there is often a blowback. I don’t have a story. I will tell you the facts.
So one can save time and avoid the blowback, by using carefully chosen words or well crafted terms.
The students asked: "Are you saying that we have to watch every word that we say during a negotiation?"
Professor responded: "Yes!" Remember Poet Emily Dickinson’s quote: "A word is dead when it is said, some say. I say it just begins to live that day."
Planning is Negotiation Stage One. The time to begin thinking of well chosen-words or carefully crafted terms is during the Planning Stage. There is no need to create a script. Instead, create a planning sheet with key terms so one can easily call on these during the process.
Examples:
Negotiation: It's odd that even the term negotiation can be misconstrued. Some believe if one wants to negotiate, one must have a weak case or believe that they are going to lose. This is not how many construe negotiation, but if it is misconstrued, reframe or verbal package it differently. Instead of negotiation, use terms like agreement or settling or making progress towards resolution.
Compromise: Effective negotiators realize that compromise is a component of every negotiation. Compromising is an art and needs to be well timed. Compromising must make sense and does not interfere with the negotiator’s major goals. In many cases, a negotiation has made great progress but the parties are arguing over insignificant amounts, over pennies. This sets the stage for compromise in order to finish the deal.
Mediation: Some believe also that mediation is a sign of weakness. Effective negotiators know the justice statistics on settlement. Ninety-eight percent of all civil cases are settled outside a judge or jury. Ninety-five percent of criminal cases are plea negotiated. In some court systems, the judge will order mediation, declaring to the parties that they must settle and the judge does not want to see the parties again until settlement. Whether this is wise or not, it does happen.
Thus, when confronted with statistics, one comes to realize that mediation is not a sign of weakness but is the reality of the American legal system.
Mediation Types: One must be extremely careful when using the term “mediation.” Everyone seems to think that everyone else knows what it means. There are major differences. In some courts, they are really using Evaluative Mediation.
-Evaluative Mediation: In this process, the neutral mediator meets with the parties initially and then separates them. The mediator confronts each party with realistic statistics as to what local judges or juries usually do in such cases. The parties and their attorneys then reach a realistic agreement. Evaluative mediation falls at one end of the spectrum in which the mediator has the control, not the parties.
-Transformative Mediation. Transformative mediation is on the other end of the spectrum in which the parties have the power, not the mediator. The neutral mediator meets with both parties together and asks the parties, where do they want to begin? The mediator may keep the parties together during the entire process. The parties then create the agreement.
-Facilitative Mediation: Most of the mediation delivered in the United States falls into the Facilitative Mediation category which means the control is equal between the parties and the mediator. It is often called a 50/50 proposition; that is, the mediator controls the process and the parties control the substance. Together they create the agreement.
Directive Mediation: Some mediators do deliver “directive mediation” which is to the right on the spectrum of control so the mediator has a bit more control than in Facilitative Mediation. The mediator not only controls the process but might provide some guidance to the parties in regards to settlement ideas and direction.
-Summary on the term, Mediation: One can easily read from the above, that mediation greatly varies from system to system and from mediator to mediator. Preparation is very different for each type of mediation. Preparation includes the attorneys prepping the parties so there are no surprises.
Fairness, Justice, Reasonable, Common Sense: Too general to be useful?
In the resolution of many cases, parties are bound to mention these very general terms. Usually, they are not helpful in settling the situation. Each person has their own definition of the meaning of these terms.
Common sense isn’t as common as we think it is. - Benjamin Franklin.
A reasonable person can create reasons for anything that they do. - Abraham Lincoln.
Kind and nice. These words are used a lot and yet, like the above, they are so general that in many ways they are useless.
Using these terms as a form of endearment seems fine. The Ellen DeGeneres Show would sign off by saying, Be kind to one another.
On the other hand, the social networking site NextDoor, is using Kind and Nice as a standard of operation. If one is not, then without warning a user can be blocked. There is essentially no appeal. But what does it mean to be kind and nice on this site. Most users don’t know. In one example, a user called a block in the District of Columbia, “chaotic.” NextDoor Monitors decided that was demeaning of a neighborhood and so blocked the user for a month.
One of the most successful dealmakers in the sports industry presents his unique negotiating strategies." Ron Shapiro's new book is insightful and entertaining. The lessons he learned and the methods he uses should be required reading for anyone whose business relies on the art of negotiation. Ron never forgets that treating people with respect and fairness is the key to success.
This book does a great job in declaring that problem solvers and negotiators can be goal oriented and yet, civil.
Small Business
Americans romanticize about “small business.” Many probably think of an old Mom and Pop business like a hardware store, a grocery, a barbership, etc, with about 5-10 employees, including students. Americans have been told and believe that small businesses are the backbone of the US economy. The US government claims that small businesses equal 44% of the economy and create 2/3 of the jobs.
The reality is very different. In the District of Columbia, all of the gas stations are owned by two companies. All of the taxis are owned by 3 large companies. All the dry cleaners are owned by 3 large companies. Uber and Lyft drivers may view themselves as “small businesses” but they are really not.
Roark Capitol has acquired Subway in a $10B deal. FTC is looking at this acquisition. Roark already owns the sandwich-serving chains Arby's, Jimmy Johns, McAlister's Deli, and Schlotzky's.* U.S. Senator Elizabeth Warren (D-MA) said that adding Subway to that list could create a "sandwich shop monopoly."
*Schlotsky’s was founded in Austin and now is headquartered in Atlanta. They own 330 businesses with one in DC.
Census.gov defines a small business by firm revenue (ranging from $1 million to over $40 million) and by employment (from 100 to over 1,500 employees). For example, according to the SBA definition, a roofing contractor is defined as a small business if it has annual revenues of $16.5 million or less.
The Small Business Administration (SBA) assigns a size standard to each NAICS code. Most manufacturing companies with 500 employees or fewer, and most non-manufacturing businesses with average annual receipts under $7.5 million, will qualify as a small business.
BUT, why is small business not the basis of American prosperity, not the foundation of American democracy, and not the champion of job creation?
In this provocative book, Robert Atkinson and Michael Lind argue that small business is not, as is widely claimed, the basis of American prosperity. Small business is not responsible for most of the country's job creation and innovation. American democracy does not depend on the existence of brave bands of self-employed citizens. Small businesses are not systematically discriminated against by government policy makers. Rather, Atkinson and Lind argue, small businesses are not the font of jobs, because most small businesses fail. The only kind of small firm that contributes to technological innovation is the technological start-up, and its success depends on scaling up. The idea that self-employed citizens are the foundation of democracy is a relic of Jeffersonian dreams of an agrarian society. And governments, motivated by a confused mix of populist and free market ideology, in fact go out of their way to promote small business. Every modern president has sung the praises of small business, and every modern president, according to Atkinson and Lind, has been wrong.
So, if the term “small business” is used in an agreement or contract, be sure all parties have the same definition.
Independent Contractor
What a controversial term! Employers like to use the IC category to avoid paying benefits. Many folks like to be self-employed ICs for the freedom. But, definitions are often unclear. If the term is used in a negotiated agreement, be certain to first check the IRS definition and then the local jurisdiction definition.
Who is classified as an independent contractor?
According to the IRS: The general rule is that an individual is an independent contractor if the payer has the right to control or direct only the result of the work and not what will be done and how it will be done. If you are an independent contractor, then you are self-employed.
According to LegalTemplates.com:
District of Columbia (DC) uses the same classification test as the Internal Revenue Service (IRS) for tax matters. This means that anyone who performs services for you is your employee if you have control over what they do and how they will perform the service. Independent contractors are free from employer or client control.
In DC, more than half of the college professors are listed as Adjunct Professors AND ICs. Under the definition of DC, probably they are not.
Also in DC, many professionals delivering training are considered IC, but they probably are not.
These folks have almost no control over their pay or hours. The trainers often have no control over the substance since this is provided per training notebooks and videos.
“Do your job” reactions
Often, one will hear folks simply say, “Do your job!”
Example: In the movie, Every Secret Thing, a child has been missing for several days. The detective needs to get past files from the state office. She ends the conversation: "A child is missing. It has been 2 days. We need to find her alive. We need those files. Do your job." The first four sentences were leading to a persuasive argument until the last exclamation.
The typical reaction to this phrase is to be resentful, irritated, and possibly to NOT do the job or do the job halfway. A half job is usually not what the requester is wanting. The lesson: Watch out using this phrase since words matter.
You’re Late! A Double Irritator.
This phrase or exclamation is often used. Before using it, the person needs to think ahead critically. What will be the reaction to this phrase? Irritation, resentfulness, and responding just the opposite of what is wanted? Critical thinking skills are needed. This phrase is a double irritator since beginning an exclamation with “You” is often accusatory or lecturing.
One must also use critical thinking to discern if being late is of any importance. Often, socially it is not. Maybe the importance of not being on time is in the mind of a controlling person?
Conclusion
Word doctoring or word-smithing is worth the time in problem-solving, mediation, and negotiation. Take the extra time in planning to create a smoothly flowing conversation or discussion leading to a resolution.
Resources:
See Recommended Books under “Blogs” drop down menu.
Roy J. Lewicki is the author of 'Essentials of Negotiation', published 2015 under ISBN 9780077862466 and ISBN 0077862465. Publisher: McGraw Hill Higher Education
The Conflict Resolution Training Program, Leader’s Manual, ISBN: 0-7879-6077-2. Prudence Bowman Kestner and Larry Ray
5 Languages of Appreciation in the Workplace.
Getting Your Way Every Day.
Conflict Management and School Peer Mediation Manual, Prudence Bowman Kestner and Larry Ray.
Very informative blog re: the Power of Words! One may have all the facts & evidence, but HOW one says it along with damaging words make all the difference! Thanks brother Larry from your brother David.w