10 Guidelines for Creating Sustainable Systems for Corporate Conflict Management.
Develop Corporate Policy:
A corporate policy should be written and disseminated that emphasizes the necessity of using a full range of conflict management processes, including mediation and arbitration and should promote the use of systems and tools that promote ADR clauses in contracts, suitability screens, and early case assessment tools.
Collaboration between the Office of General Counsel and business units should occur to assess dispute frequency, costs, dispute management options, and current cases to determine the most appropriate process for resolving disputes.
Enlist Support of Executive Ranks:
Enlist the active and visible support of senior executives for the greater use of a full range of ADR conflict management techniques.
Create and Align Incentives and Rewards:
Create incentives and rewards for employees, in-house counsel and outside counsel to encourage early and efficient resolution with an emphasis on meeting business needs.
Provide Training and Education:
Provide a full range of conflict management and resolution techniques including effective communication skills, problem solving negotiation, and ADR process and decision analysis tools for contract drafters.
Develop Measurements of Success:
Develop effective measurement instruments to benchmark costs and benefits associated with the use of various approaches.
Provide Effective Feedback Loops:
Communicate successes back to the business units and senior executives.
Provide Documentation and Resources:
It is essential to clearly convey the message of greater use of collaborative techniques and the available resources to all parties.
Assign ADR Champions:
Designate supervisory personnel who are charged with ensuring the successful implementation of conflict management and resolution techniques.
Collaborate with Outside Counsel:
Work with your outside counsel to develop conflict management guidelines and RFP processes that include negotiation, mediation, and early case assessment.