conflict management system design n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
CONFLICT MANAGEMENT SYSTEM DESIGN PowerPoint Presentation
Download Presentation
CONFLICT MANAGEMENT SYSTEM DESIGN

Loading in 2 Seconds...

play fullscreen
1 / 37

CONFLICT MANAGEMENT SYSTEM DESIGN - PowerPoint PPT Presentation


  • 199 Views
  • Uploaded on

CONFLICT MANAGEMENT SYSTEM DESIGN. A recent survey revealed that:. 62% of respondents indicated they would be more willing to take legal action regarding employment discrimination than they had been 5 years before.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'CONFLICT MANAGEMENT SYSTEM DESIGN' - burt


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
a recent survey revealed that
A recent survey revealed that:
  • 62% of respondents indicated they would be more willing to take legal action regarding employment discrimination than they had been 5 years before.
  • 78% believed that some, most or all employers engaged in some kind of discrimination in hiring or promotion.
between 1970 and 1989

Between 1970 and 1989

Federal Civil caseload increased by 125% BUT

Employment Discrimination case filings increased by 2,166%

time spent

TIME SPENT

It takes an average of 2 years for the EEOC to investigate a claim.

The median time between the date a lawsuit is filed and the commencement of a civil trial is 2.5 years.

Benefits from cases

handled by the EEOC increased from $12.7 million to $34.5 million.

a survey of over 530 corporations in the fortune 1000 category revealed
A Survey of over 530 corporations in the Fortune 1000 category revealed:
  • 90% view ADR as a critical cost-control technique.
  • 88% reported using mediation in the previous 3 years
  • 23% used grievance procedures for nonunion employment dispute resolution.
among corporations that developed collaborative conflict management systems
Among corporations that developed collaborative conflict management systems
  • Brown and Root reported an 80% reduction in outside litigation costs.
  • NCR reported a 50% reduction in litigation costs and

a drop of pending lawsuits from 263 in 1984 to 28 in 1993.

why adopt a conflict management system
WHY ADOPT A CONFLICT MANAGEMENT SYSTEM?
  • Cost reduction
  • Quicker resolution at an earlier stage
  • Privacy
  • An interest based solution
  • Underlying issues can be addressed
why adopt a conflict management system1
WHY ADOPT A CONFLICT MANAGEMENT SYSTEM?
  • Increased communication and trust
  • Fewer charges are filed with government agencies
  • Diversity
  • Cultural change is fostered.
types of programs
TYPES OF PROGRAMS
  • Ad hoc
  • Formal policy
examples components
EXAMPLES/COMPONENTS
  • A conflict management person, committee or department.
examples components1
EXAMPLES/COMPONENTS
  • Ombudsperson.
examples components2
EXAMPLES/COMPONENTS
  • Voluntary or mandatory policies on mediation or arbitration.
examples components3
EXAMPLES/COMPONENTS
  • Panels of external or internal third party neutrals.
examples components4
EXAMPLES/COMPONENTS
  • Peer review panel.
examples components5
EXAMPLES/COMPONENTS
  • Neutral fact-finding providing

a nonbinding report.

the plan should also include
THE PLAN SHOULD ALSO INCLUDE:
  • Policies for cost sharing with employees.
  • Conflict management training for all employees.
  • A system for feedback.
designing a program
DESIGNING A PROGRAM

The best programs probably include a

combination of components.

designing a program1
DESIGNING A PROGRAM
  • BEFORE DESIGNING A PROGRAM:

Determine your needs.

determine your needs
DETERMINE YOUR NEEDS

Is your organization large enough to justify creating a system?

Will this conflict management system fit with the organization’s culture?

Does the level of conflict justify a conflict management system?

designing a program2
DESIGNING A PROGRAM

AFTER DESIGNING A PROGRAM AND AGAIN AFTER ITS IMPLEMENTATION:

Determine if the plan is cost effective.

Consider the price for

  • Developing
  • Implementing
  • Maintaining
steps for designing a program
STEPS FOR DESIGNING A PROGRAM
  • Form a committee that is representative of the workforce.
  • Identify specific problems and needs.
  • Design the program.
steps for designing a program1
STEPS FOR DESIGNING A PROGRAM
  • Try a pilot program.
  • Evaluate the results.
  • Publicize the program and educate the workforce about it.
steps for designing a program2
STEPS FOR DESIGNING A PROGRAM
  • Implement the program.
  • Collect feedback, evaluate the information, and make necessary revisions to the program.
slide24
IS

YOUR

PROGRAM

FAIR?

slide26

“Arbitration can save parties 70-80% of the cost of litigating these cases.” Ed Anderson, National Arbitration Forum“Arbitration still costs less than litigation.” The Wall Street Journal

slide27

A four-year survey of litigation cost versus arbitration/mediation cost showed:

  • Arbitration cost was half the cost of traditional litigation.
  • Mediation was one-third the cost of traditional litigation
cost of litigation
COST OF LITIGATION
  • Court Filing Fees: $100-$250
  • Cost of Judge’s Services: $0
cost of arbitration
COST OF ARBITRATION
  • AAA Fees:
    • Employer-promulgated plans: $500
    • Individually negotiated agreement:
      • $500 for claims up to $10,000
      • Ranging to several thousand dollars for claims in the millions
  • Cost of Arbitrator’s Services:
    • $150-$300 per hour or
    • $600-$1000 per day
legal concerns associated with mandatory arbitration1
LEGAL CONCERNS ASSOCIATED WITH MANDATORY ARBITRATION
  • Lack of participation in selecting the neutral.
  • Confidentiality.
  • Elimination of remedies.
legal concerns associated with mandatory arbitration2
LEGAL CONCERNS ASSOCIATED WITH MANDATORY ARBITRATION
  • Adequate notice.
  • Procedural limitations.
    • Curbs on discovery
    • Time limits for the hearing.
considerations
CONSIDERATIONS
  • Should agreement with the policy be a condition of employment?
  • Should the decision to mediate/arbitrate be made only after a dispute arises?
  • Should a new program apply only to new employees?
considerations1
CONSIDERATIONS
  • What effect will the plan have on morale?
  • If plan is perceived as being fair, will complaints increase?
keep in mind
Keep in mind……..

If your plan is challenged in court, for whatever reason, there may be no cost saving.

a california court recently observed
A California Court recently observed:

“[W]e spend too much time trying to make sense out of arbitration agreements…”

a california court recently observed1
A California Court recently observed:

“Oftentimes the ‘remedy’ is worse than the disease.”

slide37

Organizational Conflict Management Check Up, www.mediate.com/pfriendly.cfm?id=1417