Designing Dispute Resolution Systems Part 2

Any dispute system should address the four primary methods of engaging in conflict; namely, power, rights, interest, and avoidance. At the outset, the system should build collaborative strength and consensus among the parties. The system should also include prevention and early intervention support. Organizations should have the capacity to understand sources of potential conflict and deal with them early before they escalate.

Organizations should have the capacity to understand sources of potential conflict and deal with them early before they escalate.

Cloke, Kenneth, and Joan Goldsmith (2000)

Going further, various authors have suggested several components which should be covered in an effective dispute system design. M. Rowe, in his 1997 work on “Dispute Resolution in the Non-Union Environment,” specifically suggested the following:

  • commitment to the values of fairness and freedom from reprisal
  • interest- and rights-based options
  • multiple access points
  • an organizational ombudsperson
  • wide scope
  • continuous improvement via an oversight committee

Lynch in his 1998 work with Contemporary Conflict Resolution Approaches, suggested that an effective dispute system should address the following items:

  • responds to stakeholder interest
  • reflects important values
  • provides visible support by the organization’s leadership
  • forward and backward loop-backs between interest- and rights-based options
  • a system that is fair, flexible, friendly, and fast
  • the goal of resolution at a low level; and
  • mechanisms by which to shift from conflict resolution to management

Finally, the Society for Professionals in Dispute Resolution published Guidelines for the Design of Integrated Conflict Management Systems Within Organizations (SPIDR, 2000). In it, they promote a vision for an effective dispute system that includes:

  • contains options for preventing, identifying, and resolving issues;
  • promotes a culture that solves problems at the lowest level through direct negotiation
  • allows multiple access points
  • empowers employees to select from a range of options for addressing the conflict
  • contains effective structure and support to maintain options

The Society also identifies ten other necessary elements:

  • leadership support
  • an oversight body composed of representatives from all stakeholder groups
  • evaluation processes
  • training
  • a central coordinator
  • a philosophy of “conflict competency” instilled within values and policies
  • institutionalized incentives for effective operation
  • a communication strategy
  • incentives for early resolution
  • adequate resources for the system to function properly

It is also suggested that dispute system design is most effective when:

  • conflict prevention, rather than conflict management, is emphasized.
  • outside designers do not play too prominent a role
  • the existing organizational culture is recognized
  • attention is paid to the narratives people tell about conflict

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