Settling May be Best Communication Strategy by Steve Adubato, Ph.D.

Sometimes when you or your organization face an embarrassing incident (often the precursor to a communication challenge or crisis) it is best to get the situation behind you as quickly as possible. In cases involving explosive charges such as sexual harassment in the workplace, it is often advisable to settle things and avoid even more embarrassing details and allegations that are likely to be communicated through the media—or at least in your professional and personal sphere. Your goal should be protecting your and your organization’s image. Many professionals often confuse communicating in a court of law versus the court of public opinion and perception.

Consider the recent verdict involving New York Knicks coach Isiah Thomas and Madison Square Garden in which former Knicks senior vice president of marketing Anucha Browne Sanders was seeking $10 million in damages in connection with her sexual harassment law suit. While the Knicks and The Garden ultimately lost the case, given the brutal public relations beating they have taken in the media one may question why the Knicks and MSG ever chose to fight this battle in public. Some questions to consider.

Q—So what is the difference between communicating in a court of law versus the court of public opinion?

A—This isn’t about a legal definition of guilt or innocence. In fact, you may have a very good chance of “winning” in court if you opt to fight. The problem, however, is that in the process of trying to win in the courtroom, it is very likely that you will “lose” the battle—sometimes very badly—in the court of public opinion and perception. In the case of the Knicks and The Garden, even if they had won in court, they were going to be embarrassed in public because of what was being communicated in the media. Specifically, Browne Sanders accused Isiah Thomas of repeatedly calling her a “bitch” as well as a “ho.” Further, Browne Sanders said Knicks’ star player Stephon Marbury called her a “black bitch” and one of Marbury’s relatives who worked for the Knicks called her the “n word.” This was just the beginning of the foul and profane language that Browne Sanders alleged was used toward her in her sexual harassment charge. All of this was clearly bad for the Knicks and MSG, but none of it would have become a communication problem for them if they opted to settle this case.

Q—So are you saying any time you are accused of something you should settle the case and not go to court?

A—If you are accused of something that you believe to be patently false—if there is no factual foundation for the charges against you or your organizations—then respond and communicate with all the passion and intensity you can muster. However, in most cases, especially those involving charges connected to such things as sexual, ethical or racially motivated or morally inappropriate behavior, there is at least some factual basis for the charges. Simply put, often something happened that you’d rather not be communicated to others, which often has absolutely nothing to do with the law or a court room.

Q—What are the larger implications for the Knicks and Madison Square Garden because of their failure to communicate effectively in this case?

A—It could be devastating. Season ticket holders may decide not to renew; the perception of The Garden and the Knicks’ as an organization that is hostile to women has been established in the minds of many; Isiah Thomas and MSG chairman James Dolan have been embarrassed in the media; and ultimately the organization and the individuals involved will be tied to the scandalous nature of this case for years to come. This is another classic example of why effectively communicating in a crisis is critical to an organization’s survival, yet once again we see that those who should have known better clearly didn’t.

Dr. Steve Adubato coaches and speaks on the subjects of communication and leadership and is the author of the book "Speak from the Heart." Write to him at The Star-Ledger, 1 Star-Ledger Plaza, Newark, NJ 07102, or click here to contact him through this web site.