Ten ways to sabotage dispute management: read between the lines to learn what it takes to run a successful program

HR Magazine, Sept, 2004 by F. Peter Phillips

Don't worry about the legality or fairness of imposing mandatory binding arbitration; the lawyers can work out the details. And who cares if employees challenge the fairness of your arbitration agreement? The company can easily afford the time and money that will take. Just think of the ultimate reward: What could be better than arbitrating every claim?

No. 8: Copy Someone Else's Program

This is extremely attractive piece of advice because it lets you deliver a tested product to senior management without doing very much work. It has the added attraction of allowing you to blame someone else when the product ultimately fails.

Just call up Halliburton, UBS, Johnson & Johnson or any of the other foresighted companies with excellent, cutting-edge employment dispute resolution systems. Ask for a copy of their brochure, strip off their company's name, slap on yours and call up Kinko's for a couple thousand copies. Presto!

What does it matter if your company has a distinct corporate ethos and different management style from the firm that developed the plan you "borrowed"? Who cares if your employees are located in a different place, produce different things with different processes, have a different compensation scale and hold different career expectations? So what if they are subject to different legal standards? And who says that any of these considerations have anything to do with what works or doesn't work for you? Hey, it's like ponchos--one size fits all, right?

No. 7: Don't Bother The 'C-Suites'

The chairman, the CEO, the COO, the CIO--these folks don't want to be bothered by this kind of thing. Just go ahead and introduce the new dispute resolution system to the employees on your own say-so. You're well respected, and people will do what you suggest. You don't need senior management's authority, endorsement or buy-in.

You can bother them when you discover that management and rank-and-file employees alike have failed to take your program seriously, don't use it themselves and don't refer people to it. Now you've got lawsuits in full swing, and it's time to get the bigwigs ready to testify. They'll really be grateful you didn't waste their time launching your program.

No. 6: Ignore Junior Managers

Before the ink is dry on your nifty new employment program, some self-important junior manager or supervisor from the line will come into your office and make some sarcastic remark. She'll say her authority is being undermined. She'll say she doesn't like the idea of a peer review board, an "open-door" system, a complaint box, an ombuds or anything else you've come up with to encourage employees to raise problems and concerns.

You know exactly why she is complaining: She's afraid the complaints might be about her. She'll tell you she resents the system and won't work to make it a success. She has no intention of appearing in a mediation to justify her management decisions or having her supervisory skills second-guessed.

But you know how to handle this situation: Ignore this person. That's right--just smile and ignore her. She'll get over it. After all, you're well respected, right? Besides, junior managers who mouth off are like motorcyclists who don't wear helmets--a self-correcting problem.