About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


76 Disp. Resol. J. iii (2022-2023)

handle is hein.journals/dsptrjr76 and id is 1 raw text is: DISPUTE ARBITRATION ASSOCIATION RESOLUTION JOURNAL 2022 | VOLUME 76 | NUMBER 1 X2022. American Arbitration Association Foreword A Proactive Approach to Reducing Costs With Conflict Management Systems Inflation, pandemics, global unrest, staffing shortages, and supply chain disruptions have-of course -a human cost, but also increase the cost of doing business. Given already-strained courts, businesses can reduce costs with a proactive approach to dispute management. Today general counsel are tasked with preventing and managing potentially costly matters, in- cluding in areas previously relegated to ombuds and managers. A Conflict Management System (CMS) presents a structured approach to doing so. A CMS includes a grievance-handling process for matters that arise within or outside the organization with partners, suppliers, vendors, or customers. Taking advantage of well-drafted contract dispute clauses, spe- cial masters, dispute resolution boards, and Early Neutral Evaluation, an organization can engage conflict specialists before a dispute arises. A CMS feedback loop, using surveys and analysis, can then inform revisions to the system as the business grows or the industry evolves. A CMS also includes internal assessment and training modules to build organization-wide cul- tural competence in this globalized economy. Active conflict prevention helps to preserve the health of important business relationships and pro- motes efficiency for a community of teams and business partners. Selecting Dispute Resolution Processes Once a dispute arises, counsel are faced with a spectrum of options con- ducted both in-person and remotely. Possible interventions include medi- ation, judicial settlement conferences, arbitration, and litigation. Once a iii