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Thursday, June 26th, 2014 technology  research  practice

A Practice Tip

  • Practice

 

♫ Through the fire and the flames we carry on! ♫

Lyrics and music by: Herman Li, ZP Theart, Sam Totman, Vadim Pruzhaniov, recorded by Dragonforce.

Flames

 

 

 

 

 

 

Jo DeMars, of NetNeutrals (www.netneutrals.com)  spoke at the 2014 Online Dispute Resolution Forum at Hastings College of Law at the University of California in San Francisco.  This post is based on her most excellent presentation on Wednesday June 25, 2014. While her comments were presented in the context of resolving disputes that arise in e-commerce, her advice applies to virtually any consumer complaint, including client complaints regarding legal services.

She stated that most, if not all, people who have a complaint regarding a product or services are looking for five ‘psychological currencies’ from the provider.  These are:

  1. They want a chance to tell their story;
  2. They are looking for a reasonable explanation of what went wrong;
  3. They are looking for assurance that their complaint will be dealt with;
  4. They wish to be thanked for their business; and
  5. They hope to receive an apology.

Her advice is that any provider should not hesitate to offer as many of these psychological currencies to people who are unhappy with your services.  Why? Simply, it costs much more money to attract a new client vs. the cost to keep an existing client.

She explained that people who are feeling caught in this process typically go thru the same process: First they Feel; then Think, and lastly they Do/Behave.

She stated that when clients are feeling strong emotions, they are incapable of hearing you.  You need to take care of the emotions before you can take care of the problem.

Accordingly she advises keeping calm.  At the outset, your tone is everything and sets the stage for all that follows. Anger defusion is job #1. Once that is taken care of then the client is moving into a mindset where they can start dealing with the issues at hand.

She stated that many individuals or businesses hesitate in offering an apology.  Jo stated that they should take time to master the Art of the apology:

  • Clearly and completely acknowledge the problem
  • Offer an effective explanation

Be honest with your clients and in particular, offer an honest apology to the client for how things transpired and the effect that this has had on them.  Just hearing that a person or organization truly regrets what has happened to someone is a powerful message to help resolve a client complaint.

She also stated that it is important for the person or organization to tell the appropriate story.  There are several components to this:

  • own the problem,
  • find allies if possible,
  • take responsibility for making it right,
  • follow thru, and
  • tell the final chapter.

Her final advice was taken from firefighters:  Run thru the flames – not away from them.  It is easier and better to run to the problem thru to the other side than to run away from them.

 -David J. Bilinsky, Vancouver (written in San Francisco), BC.

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