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

No. 1: Class Actions? Who, Me?

Just take things one step at a time. This case, the next case, and so on--treating each one as a separate and unconnected incident. Don't pay any attention to patterns you notice. Don't cross-reference to see if complaints involve one particular manager or department more frequently than others. Ignore any indications that a disproportionate number of claimants tend to be from a particular age group, race, gender or wage classification.

And if you notice any of these trends, be sure to do nothing about it. Tell no one. It can be our little secret.

Class actions are things you read about in the paper. They happen to other companies, not to yours. In the worst of cases, a class action will provide many more opportunities to spend time with your lawyers. Isn't that what you wanted anyway?

Online Resources

Want to learn more about resolving disputes without going to court? Visit the online version of this story at www.shrm.org/hrmagazine/04September to read additional HR Magazine and SHRM articles on this subject.

Editor's note: This article should not be construed as legal advice or as pertaining to specific factual situations.

RELATED ARTICLE: Prescription for Success

Much of dispute management is based on common sense and on inclusion and recognition of legitimate interests--including emotions. If you follow your best HR professional's instincts and keep in mind the following principles when creating and administering employment dispute systems, you won't go far afield.

* Don't argue needlessly. Employers with well-managed programs report almost no arbitrations. Don't lose credibility with employees by insisting on mandatory binding predispute arbitration as the centerpiece of your process. You'll be picking a fight over a mechanism that may spawn its own litigation and will seldom be needed.

* Get backup from top management. The comer office sets the tone and is the ultimate authority. It is crucial that top management deliver the message to managers and supervisors that their support of the program is not voluntary--everyone is expected to work to make it a success.

* Involve all stakeholders in the design. Pay particular attention to constituencies within the company that might feel threatened by, or object to, the program, and seek their input and support. Make them part of the design process and ensure that the program reflects their concerns. Include them in the "roll out" as enthusiastic endorsers.

* Benchmark your program. Compare your system to other companies' and get as many ideas as you can. Decide what metrics you will use to measure the program's progress and collect benchmark data before the program begins. Continue to collect the data--as well as anecdotal information--over the life of the program so you can quantify its impact.

* Pour resources into the early stages. The "sweet spot" develops during the first stage of the program. That is where people haven't yet taken legal positions, relationships can be strengthened and costs are lowest. Train employers and employees to address and resolve conflicts at the lowest possible level of the organization, and as early and directly as possible.