When Dispute Resolution Doesn’t Work?

When dispute resolution doesn’t work, you may consider proceeding with arbitration, tribunal, or court. If this is what you decide, consider the following steps: 1) appoint a coordinator, 2) consider how the coordinator collects evidence, 3) stop the talkin, 4) gather the paper, and 5) collaborate with third parties.

Step 1: Appoint a Coordinator

The coordinator collects and manages the information. Those involved in the disagreement reports to the coordinator. The coordinator should not be involved in the disagreement.  The coordinator should be interested in the development of establishing what the agreement represents. The coordinator must distinguish a) the appropriate people who need to prepare reports or synopses of their connection in the matter and b) articles or general groupings of articles that need to be assembled.

Step 2: How the Coordinator Should Receive the Data

To reduce tampering of data, the data should be presented confidentially to the coordinator. Data should be left on a disk or sealed envelope. The coordinator’s task is strictly to collect data in a private and unbiased manner.

Step 3: Stop the Talking

An administrative hearing, tribunal, or court will require that witnesses come to the conference giving their support competently and honestly. It is crucial that potential witnesses in the disagreement do not discuss or corroborate their story.

Step 4: Collect the Paper

Collect pertinent articles such as: a) communication between the parties openly addressing the underlying problems in relation to the disagreement, b) articles that indicate the performance of an agreement by one party or the other germane to the issue, c) any differences to the agreement that again relate to the matter in disagreement, and d) any inside notes or other articles in which there has been conversation about the issue in disagreement between coworkers or any communication with third parties that addresses the subject in conflict.

Furthermore, the coordinator should collect data from witnesses such as: e) any conversations they had with colleagues about the issue, f) any conversations they had with their counterparty or the other side on this issue, g) their internal communication, h) any communication with the counterparty, i) any articles that were prepared or had come into existence on the issue in question, and j) any communications, be they written or verbal, with third parties about the issue.

Step 5: Collaborate with Third Parties

It may be useful to obtain data from people who are not employees of the organization. Outside patrons or professional associates may be reluctant to participate. Best to ask it in writing. Asking the best of their recollection.

Note: Once you commit to further disputing the issue you cannot stop without some penalty. Proceeding can very costly. The counterparty should not bear any cost if you are not willing to see proceeding to the natural conclusion.