Rocklin Conflict Resolution Inc.
23679 Calabasas Road,  Calabasas, CA 91302-1502   310.489.1474
If You Build It, They Will Come – Internal Conflict Resolution Processes and Structure for Corporate
Conflict Programs
by David Rocklin

SUMMARY

Employment dispute resolution programs lend consistency and therefore manageability to the successful handling of employment
disputes in an increasingly volatile economic environment. When neutrally applied and administered, such programs enhance
employee morale while simultaneously increasing the likelihood that such disputes will be managed and resolved in a rational,
business-centric way, without resort to costly, protracted and disruptive litigation. A systematically managed approach to
employment disputes additionally encourages early assessment of conflicts in the workplace to determine at such juncture issues
such as the extent of corporate exposure, the likelihood that the employee complaint is well-grounded, and ways in which corporate
skillsets and processes might be improved.

Across all industries, corporate America invests heavily in often imperfect mechanisms designed to detect, address, and prevent
disputes. The creation of an internal dispute resolution model is consistent with such business initiatives and can generate economic
savings with relatively modest start-up costs.

Corporations and private businesses of all sizes rely upon its employeess to surface and resolve pre-litigation disputes according to
oftentimes disparate, even contradictory policies and procedures, with results that vary greatly in terms of consistency,
thoroughness and compliance with internal policies and relevant law. The internal dispute resolution mechanism would allow such
businesses to achieve greater consistency and increase success rates.

Ideally, internal dispute resolution mechanisms can be suited to any business niche or size. The internal dispute resolution
mechanism can be web-based and adapted to the assessed needs of each client. Based upon available statistics, it is clear that the
majority of disputes submitted to systematic dispute resolution programs are resolved by agreement prior to the litigation stage.

Internal dispute mechanisms can initially be viewed as too intrusive, but in reality do not amount to a change in the initial handling of
employee disputes via intervention by management, HR, etc. that currently exist at corporate levels. The mechanism simply adds a
step designed to forestall institution of litigation.

FAQ’s

1. What is involved in the creation and implementation of an internal dispute resolution process?

Successful internal dispute resolution mechanisms require incorporation of at least the following steps:

  • Assessment of the existing conflict management program in order to determine its successes and flaws.
  • Determination of the type and scope of program the organization wants.
  • Development of goals for the organization regarding a complaint and response system.
  • Define roles of employees who can become involved in such process at the organization.
  • Gather resources and support for the program within the organizational structure, among employees and management.
  • Implement the program.
  • Evaluate the program and use feedback to improve it.

2. Who would be involved in designing an internal dispute resolution process?

The most successful dispute resolution programs are developed in cooperation with the employees, supervisors and managers for
whom the program is designed. Involving these users can be as simple as holding a few meetings or focus groups to gather input and
build internal ownership of the process.

3. What key decisions must underscore implementation of such a process?

Policy decisions should be made by the designer and user of an internal dispute resolution program at least as to the following issues:

  • Which employees will be eligible to use the program?
  • How will mediation be initiated?
  • Will mediation be voluntary or mandatory under their particular iteration of the process?
  • What kinds of disputes will be included/excluded?
  • Who chooses the mediator?

Confidentiality and disclosure parameters

Representation issues

4. How will the organization evaluate the success of a program it implements for an Insured?

The organization, in conjunction with the implementers of the program, can evaluate the program’s effectiveness via establishing
feedback reporting lines to gather data on the following:

  • Is implementation of the mechanism consistent with the original design and goals?
  • Is it serving the intended clients?
  • Are employees satisfied with the program and the outcomes of resolution efforts?
  • Has the process been cost-effective from the organization’s standpoint?
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