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.
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Federal Civil caseload increased by 125% BUT
Employment Discrimination case filings increased by 2,166%
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 drop of pending lawsuits from 263 in 1984 to 28 in 1993.
a nonbinding report.
The best programs probably include a
combination of components.
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?
AFTER DESIGNING A PROGRAM AND AGAIN AFTER ITS IMPLEMENTATION:
Determine if the plan is cost effective.
Consider the price for
“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
A four-year survey of litigation cost versus arbitration/mediation cost showed:
If your plan is challenged in court, for whatever reason, there may be no cost saving.
“[W]e spend too much time trying to make sense out of arbitration agreements…”
“Oftentimes the ‘remedy’ is worse than the disease.”
Organizational Conflict Management Check Up, www.mediate.com/pfriendly.cfm?id=1417