A Checklist for Designing Dispute Resolution Systems for Organizations
–by Jim Holbrook
1. Determine the organization’s current conflict management culture
1. Organization’s purpose and mission
2. Attitudes and beliefs about conflict
1. Managers, employees, and other stakeholders
2. Dispute resolution decision makers
3. Policies and practices for resolving disputes
1. Formal and informal
2. Internal and external conflict
4. Current status of the organization’s
1. Openness
(1) From top to bottom
(2) To outsiders
2. Tolerance of diversity
3. Willingness to learn
4. Appreciation and management of differences
5. Generation of valid dispute resolution data
6. Ability to seek and use feedback
5. Perception of what is not working well with the current dispute resolution system
6. Obstacles to change the current dispute resolution system
2. Establish a current dispute resolution baseline
1. Organization’s dispute resolution coordinator
2. Types of disputes
1. Subject matter
2. Disputants
3. Number of disputes (including whether the number is increasing or is stable)
4. Types of resolution processes currently used, e.g.,
1. Preventive ADR
(1) Existing internal ADR programs
(2) Existing training programs, e.g.,
(1) Conflict management training
(2) Anti-discrimination and anti-harassment training
2. Negotiated ADR (e.g., open-door/chain-of-command policies)
3. Facilitated ADR, e.g.,
(1) Internal ombudsman
(2) Mediation
4. Fact-finding ADR
5. Advisory ADR, e.g.,
(1) Early neutral evaluation
(2) Non-binding arbitration
6. Dispositive ADR (i.e., binding arbitration)
5. Results of these resolution processes
6. Costs of resolution
1. Direct costs, e.g.,
(1) Money
(2) Time
2. Indirect costs, e.g.,
(1) Relationships
(1) Internal
(2) External
(2) Employee morale
(3) Organization’s reputation
7. Dispute resolution decision maker(s)
8. User satisfaction/dissatisfaction
3. Establish dispute resolution system design criteria, e.g.,
1. New dispute resolution system should include:
1. Focus on interest-based processes (e.g., negotiation and mediation)
2. “Loop back” to lower-cost processes (e.g., negotiation and mediation)
3. Provide low-cost “back-ups” to resolve rights-based or power-based disputes (e.g., early neutral evaluation and arbitration)
4. Provide consultation before dispute resolution, and feedback afterward
5. Move from low-to-high cost processes, e.g., the classic four-step program of:
(1) Open-door/chain-of-command negotiation
(2) Internal ombudsman assistance
(3) Mediation with internal or external neutral mediator
(4) Mandatory binding arbitration using external neutral arbitrator
2. Commit to improve the organization’s overall:
1. Openness
(1) From top to bottom
(2) To outsiders
2. Tolerance of diversity
3. Willingness to learn
4. Appreciation and management of differences
5. Generation of valid dispute resolution data
6. Ability to seek and use feedback
3. Determine who will ultimately approve the design criteria and implementation process
4. Require the organization to have a dispute resolution coordinator
5. Interview stakeholders (including managers, employees, and customers)
6. Determine ADR processes that are appropriate to the organization, including
1. The organization’s purpose and mission
2. Existing nature and number of disputes
3. Increase use of preventive ADR processes and trraining
4. Who should be the ultimate decision maker(s) to resolve disputes
7. Determine whether to use single-step or multi-step ADR processes
8. Design an adequate case data collection and reporting system
1. Identify and authorize the organization’s dispute resolution coordinator
2. Collect relevant data
(1) Require decision makers and neutrals to report case data, e.g., online reporting
(2) Compare the data to baseline data
3. Accumulate and report relevant data to:
(1) Organization’s managers
(2) State ADR Director
(3) Other appropriate persons
9. Design appropriate methods to review and evaluate the new ADR system
10. Review and revise (or adopt and formalize) dispute resolution policies and procedures
11. Determine who selects the ADR process for each case, including the neutral
12. Recruit and train neutrals
13. Develop awareness and marketing programs
14. Design, implement, evaluate, and revise a pilot program
15. Obtain adequate resources for the new dispute resolution system (time, staff, money)
16. Obtain necessary legislative actions, e.g.,
1. Program authorization
2. Resources
3. GRAMA and confidentiality issues
4. State ADR Director
4. Implement the new dispute resolution system, including:
1. A pilot program
2. The case data collection system
3. Neutral recruitment and training programs
4. Adequate resources and training for all stakeholders
5. Internal and external dispute resolution program awareness and marketing efforts
6. Dispute resolution program evaluations
1. User satisfaction surveys
2. Periodic formal program evaluations
7. Accumulate and report relevant data to all appropriate persons