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Every leader knows the drain of conflict handled badly: performance conversations that go nowhere, teams that don't trust each other, fires you keep putting out instead of doing the work you want to do. Most leadership advice treats conflict as a threat to manage.
This book makes the opposite case: Conflict is energy, and how you use it determines whether it builds your team or turns your work culture toxic. That choice has never mattered more. Employees now spend over a third of their workday dealing with conflict, and fewer than half trust their leader to navigate it well. Leaders who don't handle conflict skillfully create workplaces with 80 percent more unproductive conflict.
Ninety-four percent of people trained in this framework rate it more effective than anything else they've used. What makes this different from the standard playbook for “difficult conversations”? Most frameworks ask you to choose: kind or direct, relationship or results.
This book rejects that trade-off: Compassion without accountability is ineffective, and accountability without it is unkind. This book shows how to hold both, using the compassion cycle, the drama triangle it replaces, and the ORPO formula, turning principle into a repeatable playbook.
The book moves in three parts: first naming the problem, how good intentions and unmanaged conflict energy spiral into drama; then introducing the antidote, the compassion cycle and the behavioral skills that interrupt drama before it takes hold; and finally handing you the playbook, the ORPO formula and match-and-move method for engaging conflict and coaching others through it in real time.
New to this edition:
Written by Nate Regier, PhD, cofounder and CEO of Next Element Consulting, this book distills two decades of applied research into a model any leader can use the next time conflict shows up, which will be soon.
This book makes the opposite case: Conflict is energy, and how you use it determines whether it builds your team or turns your work culture toxic. That choice has never mattered more. Employees now spend over a third of their workday dealing with conflict, and fewer than half trust their leader to navigate it well. Leaders who don't handle conflict skillfully create workplaces with 80 percent more unproductive conflict.
Ninety-four percent of people trained in this framework rate it more effective than anything else they've used. What makes this different from the standard playbook for “difficult conversations”? Most frameworks ask you to choose: kind or direct, relationship or results.
This book rejects that trade-off: Compassion without accountability is ineffective, and accountability without it is unkind. This book shows how to hold both, using the compassion cycle, the drama triangle it replaces, and the ORPO formula, turning principle into a repeatable playbook.
The book moves in three parts: first naming the problem, how good intentions and unmanaged conflict energy spiral into drama; then introducing the antidote, the compassion cycle and the behavioral skills that interrupt drama before it takes hold; and finally handing you the playbook, the ORPO formula and match-and-move method for engaging conflict and coaching others through it in real time.
New to this edition:
- A complete framework outline up front
- Fifteen years of refinement teaching, coaching, and certifying practitioners worldwide
- New research on what skilled conflict leadership is worth
- Reorganized chapters, more-inclusive language, fresh real-life illustrations
- Access to the Compassionate Accountability Assessment and a range of additional resources to extend the book's impact well beyond the page
Written by Nate Regier, PhD, cofounder and CEO of Next Element Consulting, this book distills two decades of applied research into a model any leader can use the next time conflict shows up, which will be soon.
Every leader knows the drain of conflict handled badly: performance conversations that go nowhere, teams that don't trust each other, fires you keep putting out instead of doing the work you want to do. Most leadership advice treats conflict as a threat to manage.
This book makes the opposite case: Conflict is energy, and how you use it determines whether it builds your team or turns your work culture toxic. That choice has never mattered more. Employees now spend over a third of their workday dealing with conflict, and fewer than half trust their leader to navigate it well. Leaders who don't handle conflict skillfully create workplaces with 80 percent more unproductive conflict.
Ninety-four percent of people trained in this framework rate it more effective than anything else they've used. What makes this different from the standard playbook for “difficult conversations”? Most frameworks ask you to choose: kind or direct, relationship or results.
This book rejects that trade-off: Compassion without accountability is ineffective, and accountability without it is unkind. This book shows how to hold both, using the compassion cycle, the drama triangle it replaces, and the ORPO formula, turning principle into a repeatable playbook.
The book moves in three parts: first naming the problem, how good intentions and unmanaged conflict energy spiral into drama; then introducing the antidote, the compassion cycle and the behavioral skills that interrupt drama before it takes hold; and finally handing you the playbook, the ORPO formula and match-and-move method for engaging conflict and coaching others through it in real time.
New to this edition:
Written by Nate Regier, PhD, cofounder and CEO of Next Element Consulting, this book distills two decades of applied research into a model any leader can use the next time conflict shows up, which will be soon.
This book makes the opposite case: Conflict is energy, and how you use it determines whether it builds your team or turns your work culture toxic. That choice has never mattered more. Employees now spend over a third of their workday dealing with conflict, and fewer than half trust their leader to navigate it well. Leaders who don't handle conflict skillfully create workplaces with 80 percent more unproductive conflict.
Ninety-four percent of people trained in this framework rate it more effective than anything else they've used. What makes this different from the standard playbook for “difficult conversations”? Most frameworks ask you to choose: kind or direct, relationship or results.
This book rejects that trade-off: Compassion without accountability is ineffective, and accountability without it is unkind. This book shows how to hold both, using the compassion cycle, the drama triangle it replaces, and the ORPO formula, turning principle into a repeatable playbook.
The book moves in three parts: first naming the problem, how good intentions and unmanaged conflict energy spiral into drama; then introducing the antidote, the compassion cycle and the behavioral skills that interrupt drama before it takes hold; and finally handing you the playbook, the ORPO formula and match-and-move method for engaging conflict and coaching others through it in real time.
New to this edition:
- A complete framework outline up front
- Fifteen years of refinement teaching, coaching, and certifying practitioners worldwide
- New research on what skilled conflict leadership is worth
- Reorganized chapters, more-inclusive language, fresh real-life illustrations
- Access to the Compassionate Accountability Assessment and a range of additional resources to extend the book's impact well beyond the page
Written by Nate Regier, PhD, cofounder and CEO of Next Element Consulting, this book distills two decades of applied research into a model any leader can use the next time conflict shows up, which will be soon.
Whether you facilitate meetings for a living or simply as part of your job, you've surely found yourself “standing in the fire”—at the center of a group that is polarized, angry, fearful, and confused. Veteran facilitator Larry Dressler has found that what makes the crucial difference in these situations is the leader's presence. You have to master a way of being that allows you to remain effective no matter how hot things get.
Dressler shows how to cultivate six “stances”—mental, emotional, and physical— that will keep you steady, impartial, purposeful, compassionate, and good-humored,. Drawing on his own experiences and the insights of thirty-five distinguished practitioners, he helps you keep your cool and make the kind of inventive, split-second decisions these pressure-cooker situations demand.
Dressler shows how to cultivate six “stances”—mental, emotional, and physical— that will keep you steady, impartial, purposeful, compassionate, and good-humored,. Drawing on his own experiences and the insights of thirty-five distinguished practitioners, he helps you keep your cool and make the kind of inventive, split-second decisions these pressure-cooker situations demand.
Real organizational change isn't brought about by decree, pressure, permission, or even persuasion. Sustained change comes when people are passionately and personally committed to a future that they have helped to shape. If you want to turn your organization's cynics into owners, give them a voice in the decisions that impact their work. Consensus Through Conversation shows how.
Consensus is a cooperative process in which all of a group's members develop and agree to actively support a decision. It's not mere acquiescence--consensus goes several steps beyond, transforming people from resigned instruction-followers to dedicated champions of an idea. Larry Dressler shows you exactly how to prepare for a successful consensus-building process, takes you step-by-step through that process, and offers tips for success and traps to avoid. Throughout, he provides a host of tools and examples that make this an eminently practical and immediately useful guide.
Consensus Through Conversation will give you the tools you need to use consensus effectively in your organization. It is a handy, vital reference that you will turn to again and again in your efforts to tackle high stakes issues, make high quality decisions, and build enthusiasm and commitment to action.
Facilitation expert Larry Dressler's Consensus Through Conversation is a guide for the effective facilitation and practice of one of business's most popular - but most widely misunderstood - decision-making models: consensus.
Most consultants are content to solve problems. Extraordinary consultants alter the culture of the client organization itself, changing the way the organization operates. Keith Merron shows that the most powerful tool for making a real difference is the consultant's inner stance--the attitudes, assumptions, beliefs, goals, and strategies that underlie the consulting practice. In other words, it is the inner qualities of the consultant that differentiate a great consultant from the rest of the pack.
Consulting Mastery explores the deep inner shift required to become an extraordinary consultant. Through vivid examples, Merron contrasts the goals, strategies, and tactics used by most consultants with those used by masterful consultants to reveal the qualities and characteristics that will help you make the biggest difference with your clients.
If you yearn to have a bigger impact on your client organizations, or even on the world as a whole, Consulting Mastery shows how to transform yourself from a problem solver to an empowering partner. Following a natural flow of learning, it details the conceptual foundation of consulting mastery, provides a vision of mastery in action, and outlines a clear path to attaining mastery in oneself.
This is not just another book telling consultants how to advise their clients on solving specific problems—increasing sales, finding the best IT system, reducing turnover, and so on. Consulting Mastery teaches consultants how to master the real challenge of working with organizations: effecting actual change. It examines how to help clients help themselves to achieve higher levels of performance.
Drawing on interviews with fourteen master consultants and ten executives in client organizations, Merron explores how consultants can profoundly impact the way organizations operate.
Whether you are a seasoned consultant or just starting out, Consulting Mastery will inspire you to adopt goals , strategies, and the mindset that will help you make a real difference in your work and in your client organizations.
Drawing on interviews with fourteen master consultants and ten executives in client organizations, Merron explores how consultants can profoundly impact the way organizations operate.
Whether you are a seasoned consultant or just starting out, Consulting Mastery will inspire you to adopt goals , strategies, and the mindset that will help you make a real difference in your work and in your client organizations.
Most consultants are content to solve problems. Extraordinary consultants alter the culture of the client organization itself, changing the way the organization operates. Keith Merron shows that the most powerful tool for making a real difference is the consultant's inner stance--the attitudes, assumptions, beliefs, goals, and strategies that underlie the consulting practice. In other words, it is the inner qualities of the consultant that differentiate a great consultant from the rest of the pack.
Consulting Mastery explores the deep inner shift required to become an extraordinary consultant. Through vivid examples, Merron contrasts the goals, strategies, and tactics used by most consultants with those used by masterful consultants to reveal the qualities and characteristics that will help you make the biggest difference with your clients.
If you yearn to have a bigger impact on your client organizations, or even on the world as a whole, Consulting Mastery shows how to transform yourself from a problem solver to an empowering partner. Following a natural flow of learning, it details the conceptual foundation of consulting mastery, provides a vision of mastery in action, and outlines a clear path to attaining mastery in oneself.
Consulting Mastery explores the deep inner shift required to become an extraordinary consultant. Through vivid examples, Merron contrasts the goals, strategies, and tactics used by most consultants with those used by masterful consultants to reveal the qualities and characteristics that will help you make the biggest difference with your clients.
If you yearn to have a bigger impact on your client organizations, or even on the world as a whole, Consulting Mastery shows how to transform yourself from a problem solver to an empowering partner. Following a natural flow of learning, it details the conceptual foundation of consulting mastery, provides a vision of mastery in action, and outlines a clear path to attaining mastery in oneself.
Now in a second edition, this classic book shows how to make conversations generative and productive rather than critical and destructive so people, organizations, and communities flourish.
We know that conversations influence us, but we rarely stop to think about how much impact they have on our well-being and ability to thrive. This book is the first to show how Appreciative Inquiry—a widely used change method that focuses on identifying what's working and building on it rather than just trying to fix what's broken—can help us communicate more effectively and flourish in all areas of our lives.
By focusing on what we want to happen instead of what we want to avoid and asking questions to deepen understanding and increase possibilities, we expand creativity, improve productivity, and unleash potential at work and home. Jackie Stavros and Cheri Torres use real-life examples to illustrate how these two practices and the principles that underlie them foster connection, innovation, and success.
This edition has been revised throughout with new examples; updates on the latest supporting research in neuroscience, positive science, and positive psychology; and a discussion guide. It also features a new chapter on what the authors call tuning in: cultivating awareness of how our physical and mental state affect our perceptions, emotions, and thoughts as we engage in conversation.
This book teaches you how to use the practices and principles of Appreciative Inquiry to strengthen relationships, build effective teams, and generate possibilities for a future that works for everyone.
We know that conversations influence us, but we rarely stop to think about how much impact they have on our well-being and ability to thrive. This book is the first to show how Appreciative Inquiry—a widely used change method that focuses on identifying what's working and building on it rather than just trying to fix what's broken—can help us communicate more effectively and flourish in all areas of our lives.
By focusing on what we want to happen instead of what we want to avoid and asking questions to deepen understanding and increase possibilities, we expand creativity, improve productivity, and unleash potential at work and home. Jackie Stavros and Cheri Torres use real-life examples to illustrate how these two practices and the principles that underlie them foster connection, innovation, and success.
This edition has been revised throughout with new examples; updates on the latest supporting research in neuroscience, positive science, and positive psychology; and a discussion guide. It also features a new chapter on what the authors call tuning in: cultivating awareness of how our physical and mental state affect our perceptions, emotions, and thoughts as we engage in conversation.
This book teaches you how to use the practices and principles of Appreciative Inquiry to strengthen relationships, build effective teams, and generate possibilities for a future that works for everyone.
Now in a second edition, this classic book shows how to make conversations generative and productive rather than critical and destructive so people, organizations, and communities flourish.
We know that conversations influence us, but we rarely stop to think about how much impact they have on our well-being and ability to thrive. This book is the first to show how Appreciative Inquiry—a widely used change method that focuses on identifying what's working and building on it rather than just trying to fix what's broken—can help us communicate more effectively and flourish in all areas of our lives.
By focusing on what we want to happen instead of what we want to avoid and asking questions to deepen understanding and increase possibilities, we expand creativity, improve productivity, and unleash potential at work and home. Jackie Stavros and Cheri Torres use real-life examples to illustrate how these two practices and the principles that underlie them foster connection, innovation, and success.
This edition has been revised throughout with new examples; updates on the latest supporting research in neuroscience, positive science, and positive psychology; and a discussion guide. It also features a new chapter on what the authors call tuning in: cultivating awareness of how our physical and mental state affect our perceptions, emotions, and thoughts as we engage in conversation.
This book teaches you how to use the practices and principles of Appreciative Inquiry to strengthen relationships, build effective teams, and generate possibilities for a future that works for everyone.
We know that conversations influence us, but we rarely stop to think about how much impact they have on our well-being and ability to thrive. This book is the first to show how Appreciative Inquiry—a widely used change method that focuses on identifying what's working and building on it rather than just trying to fix what's broken—can help us communicate more effectively and flourish in all areas of our lives.
By focusing on what we want to happen instead of what we want to avoid and asking questions to deepen understanding and increase possibilities, we expand creativity, improve productivity, and unleash potential at work and home. Jackie Stavros and Cheri Torres use real-life examples to illustrate how these two practices and the principles that underlie them foster connection, innovation, and success.
This edition has been revised throughout with new examples; updates on the latest supporting research in neuroscience, positive science, and positive psychology; and a discussion guide. It also features a new chapter on what the authors call tuning in: cultivating awareness of how our physical and mental state affect our perceptions, emotions, and thoughts as we engage in conversation.
This book teaches you how to use the practices and principles of Appreciative Inquiry to strengthen relationships, build effective teams, and generate possibilities for a future that works for everyone.
Now in a second edition, this classic book shows how to make conversations generative and productive rather than critical and destructive so people, organizations, and communities flourish.
We all know that conversations influence us, but we rarely stop to think about how much impact they have on our well-being and our ability to thrive. This book is the first to show how Appreciative Inquiry-a widely used change method that focuses on identifying what's working and building on it rather than just trying to fix what's not-can help us all communicate more effectively and flourish in all areas of our lives.
By focusing on what we want to happen instead of what we want to avoid and asking questions to deepen understanding and increase possibilities, we expand creativity, improve productivity, and unleash potential at work and home. Jackie Stavros and Cheri Torres use real-life examples to illustrate these two practices and the principles that underlie them.
The second edition includes a new chapter on establishing the right mindset for appreciative conversations and a free discussion guide download. This book demonstrates how the practices and principles of Appreciative Inquiry strengthen relationships and generate possibilities for a future that works for everyone.
We all know that conversations influence us, but we rarely stop to think about how much impact they have on our well-being and our ability to thrive. This book is the first to show how Appreciative Inquiry-a widely used change method that focuses on identifying what's working and building on it rather than just trying to fix what's not-can help us all communicate more effectively and flourish in all areas of our lives.
By focusing on what we want to happen instead of what we want to avoid and asking questions to deepen understanding and increase possibilities, we expand creativity, improve productivity, and unleash potential at work and home. Jackie Stavros and Cheri Torres use real-life examples to illustrate these two practices and the principles that underlie them.
The second edition includes a new chapter on establishing the right mindset for appreciative conversations and a free discussion guide download. This book demonstrates how the practices and principles of Appreciative Inquiry strengthen relationships and generate possibilities for a future that works for everyone.
Competence does not speak for itself! You can't simply display it; you have to draw people's attention to it. World-renowned negotiation and deception detection expert, business professor, and mentalist Jack Nasher offers effective, proven techniques to convince others that we are talented, trustworthy, and yes, even brilliant.
Nasher offers the example of Joshua Bell, possibly the world's most famous violinist. In January 2007, at rush hour, he stepped into a Washington, DC, subway station, dressed like any street busker, and began to play a $4,000,000 Stradivarius. It was part of an experiment staged by a journalist of the Washington Post, who expected Bell's skill alone to attract an immense, awed crowd. But Bell was generally ignored, and when he stopped, nobody applauded. He made $34.17.
The good news is that you don't have to accept obscurity: you can positively affect others' perception of your talent. Whether you're looking for work, giving an important presentation, seeking clients or customers for your business, or vying for a promotion, Nasher explains how to use techniques such as expectation management, verbal and nonverbal communication, the Halo Effect, competence framing, and the power of nonconformity to gain control of how others perceive you.
Competence is the most highly valued professional trait. But it's not enough to be competent, you have to convey your competence. With Nasher's help you can showcase your expertise, receive the recognition you deserve, and achieve lasting success.
Nasher offers the example of Joshua Bell, possibly the world's most famous violinist. In January 2007, at rush hour, he stepped into a Washington, DC, subway station, dressed like any street busker, and began to play a $4,000,000 Stradivarius. It was part of an experiment staged by a journalist of the Washington Post, who expected Bell's skill alone to attract an immense, awed crowd. But Bell was generally ignored, and when he stopped, nobody applauded. He made $34.17.
The good news is that you don't have to accept obscurity: you can positively affect others' perception of your talent. Whether you're looking for work, giving an important presentation, seeking clients or customers for your business, or vying for a promotion, Nasher explains how to use techniques such as expectation management, verbal and nonverbal communication, the Halo Effect, competence framing, and the power of nonconformity to gain control of how others perceive you.
Competence is the most highly valued professional trait. But it's not enough to be competent, you have to convey your competence. With Nasher's help you can showcase your expertise, receive the recognition you deserve, and achieve lasting success.
Competence does not speak for itself! You can't simply display it; you have to draw people's attention to it. World-renowned negotiation and deception detection expert, business professor, and mentalist Jack Nasher offers effective, proven techniques to convince others that we are talented, trustworthy, and yes, even brilliant.
Nasher offers the example of Joshua Bell, possibly the world's most famous violinist. In January 2007, at rush hour, he stepped into a Washington, DC, subway station, dressed like any street busker, and began to play a $4,000,000 Stradivarius. It was part of an experiment staged by a journalist of the Washington Post, who expected Bell's skill alone to attract an immense, awed crowd. But Bell was generally ignored, and when he stopped, nobody applauded. He made $34.17.
The good news is that you don't have to accept obscurity: you can positively affect others' perception of your talent. Whether you're looking for work, giving an important presentation, seeking clients or customers for your business, or vying for a promotion, Nasher explains how to use techniques such as expectation management, verbal and nonverbal communication, the Halo Effect, competence framing, and the power of nonconformity to gain control of how others perceive you.
Competence is the most highly valued professional trait. But it's not enough to be competent, you have to convey your competence. With Nasher's help you can showcase your expertise, receive the recognition you deserve, and achieve lasting success.
Nasher offers the example of Joshua Bell, possibly the world's most famous violinist. In January 2007, at rush hour, he stepped into a Washington, DC, subway station, dressed like any street busker, and began to play a $4,000,000 Stradivarius. It was part of an experiment staged by a journalist of the Washington Post, who expected Bell's skill alone to attract an immense, awed crowd. But Bell was generally ignored, and when he stopped, nobody applauded. He made $34.17.
The good news is that you don't have to accept obscurity: you can positively affect others' perception of your talent. Whether you're looking for work, giving an important presentation, seeking clients or customers for your business, or vying for a promotion, Nasher explains how to use techniques such as expectation management, verbal and nonverbal communication, the Halo Effect, competence framing, and the power of nonconformity to gain control of how others perceive you.
Competence is the most highly valued professional trait. But it's not enough to be competent, you have to convey your competence. With Nasher's help you can showcase your expertise, receive the recognition you deserve, and achieve lasting success.
Competence does not speak for itself! You can't simply display it; you have to draw people's attention to it. World-renowned negotiation and deception detection expert, business professor, and mentalist Jack Nasher offers effective, proven techniques to convince others that we are talented, trustworthy, and yes, even brilliant.
Nasher offers the example of Joshua Bell, possibly the world's most famous violinist. In January 2007, at rush hour, he stepped into a Washington, DC, subway station, dressed like any street busker, and began to play a $4,000,000 Stradivarius. It was part of an experiment staged by a journalist of the Washington Post, who expected Bell's skill alone to attract an immense, awed crowd. But Bell was generally ignored, and when he stopped, nobody applauded. He made $34.17.
The good news is that you don't have to accept obscurity: you can positively affect others' perception of your talent. Whether you're looking for work, giving an important presentation, seeking clients or customers for your business, or vying for a promotion, Nasher explains how to use techniques such as expectation management, verbal and nonverbal communication, the Halo Effect, competence framing, and the power of nonconformity to gain control of how others perceive you.
Competence is the most highly valued professional trait. But it's not enough to be competent, you have to convey your competence. With Nasher's help you can showcase your expertise, receive the recognition you deserve, and achieve lasting success.
Nasher offers the example of Joshua Bell, possibly the world's most famous violinist. In January 2007, at rush hour, he stepped into a Washington, DC, subway station, dressed like any street busker, and began to play a $4,000,000 Stradivarius. It was part of an experiment staged by a journalist of the Washington Post, who expected Bell's skill alone to attract an immense, awed crowd. But Bell was generally ignored, and when he stopped, nobody applauded. He made $34.17.
The good news is that you don't have to accept obscurity: you can positively affect others' perception of your talent. Whether you're looking for work, giving an important presentation, seeking clients or customers for your business, or vying for a promotion, Nasher explains how to use techniques such as expectation management, verbal and nonverbal communication, the Halo Effect, competence framing, and the power of nonconformity to gain control of how others perceive you.
Competence is the most highly valued professional trait. But it's not enough to be competent, you have to convey your competence. With Nasher's help you can showcase your expertise, receive the recognition you deserve, and achieve lasting success.
“Professor Coffee's compelling new approach to holding fraudsters to account is indispensable reading for any lawmaker serious about deterring corporate crime.”
—Robert Jackson, former Commissioner, Securities and Exchange Commission
In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn't happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don't have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says.
He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice.
—Robert Jackson, former Commissioner, Securities and Exchange Commission
In the early 2000s, federal enforcement efforts sent white collar criminals at Enron and WorldCom to prison. But since the 2008 financial collapse, this famously hasn't happened. Corporations have been permitted to enter into deferred prosecution agreements and avoid criminal convictions, in part due to a mistaken assumption that leniency would encourage cooperation and because enforcement agencies don't have the funding or staff to pursue lengthy prosecutions, says distinguished Columbia Law Professor John C. Coffee. “We are moving from a system of justice for organizational crime that mixed carrots and sticks to one that is all carrots and no sticks,” he says.
He offers a series of bold proposals for ensuring that corporate malfeasance can once again be punished. For example, he describes incentives that could be offered to both corporate executives to turn in their corporations and to corporations to turn in their executives, allowing prosecutors to play them off against each other. Whistleblowers should be offered cash bounties to come forward because, Coffee writes, “it is easier and cheaper to buy information than seek to discover it in adversarial proceedings.” All federal enforcement agencies should be able to hire outside counsel on a contingency fee basis, which would cost the public nothing and provide access to discovery and litigation expertise the agencies don't have. Through these and other equally controversial ideas, Coffee intends to rebalance the scales of justice.