Internal Features of the Conflict Managment System Continuum

1. Emerging Systems for Managing
Workplace Conflict
Chapter 5
Design of Conflict Management Systems:
Internal Features

2. Conflict Management System
Continuum
Conflict Mgmt. Systems
Internal Features:
- More cost-effective
- used in early resolution phases
- less invasive to employees
External Features:
- More expensive
- used in later resolution phases
- impose solutions on employees
- Involve experts/outsiders

3. Internal Features
• Who’s eligible to participate in the system?
• What’s the scope of disputes that can be
raised in the system?
• What options do employees have to resolve
their disputes?
• What are the procedural rules governing the
use of these options?

4. Scope of Workplace Issues
• Statutory Claims
• Nonstatutory Claims

5. Eligibility to use Workplace System
• All Employees…
• What about current applicants, rejected
applicants, retirees, subcontractors,
terminated employees, executives, and
independent contractors, employees covered
by a collective bargaining agreement
(unions)?

6. System Stakeholders
• distinct groups who have interests in the
design and effectiveness of the system as well
as those who may be directly involved in the
system’s application.

7. Union Participation
• Many workplace issues are interpersonal
(relational) in nature; not usually about
conditions of employment.
• Acceptance of ADR systems is much more
likely if a champion is found in local
leadership.

8. Elements of a Fair System
• Voluntariness
• Protection of Privacy and Confidentiality
• Impartiality of Neutrals
• Trained and Qualified Neutrals
• Prohibition of Retaliation
• Protections of Collective Bargaining Rights
• Diversity and Accessibility
• Preclusion of Statutory rights

9. Other Factors of System Design
• Anticipating Resistance to the System
• Right of Employees to Select Access Options
• Who Pays for the Use of the Internal System
Features?
• Criteria to Evaluate Options within a System

10. Evaluation Criteria
– What will be the transaction costs (time, money,
emotional energy) of this option?
– Does this option encourage the claimant to own the
resolution?
– How does this option affect internal relationships within
the organization?
– What will be the expected durability (how long will/should
it last) of the anticipated outcome?
– What will be the anticipated satisfaction with the
outcome?
– Will the option typically lead to a satisfactory result
between disputants?
– How does this option align with the existing corporate
culture?

11. Common Design Features
• The Open Door
• Ombudspersons
• Hot Lines
• Managerial Mediation
• Resolution Facilitators
• Conference with an
Employee to Discuss
Options
• Internal Peer Mediation
• Trained Employee
Advisers
• Peer Review and
Employee Appeals
• Executive Panels