Disputants should be informed when limited disclosure will be necessary to authorize or implement the settlement agreement. Permission may be requested for limited disclosure for research and evaluation, within constraints of the ethical obligations of neutrals. An explicit confidentiality agreement is useful to advise participants of their rights under organizational policy and relevant law. The neutrality of outside mediators and arbitrators can be enhanced by providing contractual immunity from suit and indemnification. The employer should ensure that ombuds, mediators and arbitrators are qualified and that they follow the professional guidelines applicable to the process in which they serve.
Employers are responsible for the continued training of any in-house neutrals.
Accessibility Any system should be designed and administered so that it is perceived as legitimate, inviting and accessible to all employees and managers. The methods and language used to inform the workforce of its rights and options should reinforce the principle of inclusion. Inclusion also means that persons with disabilities are provided with appropriate accommodations to ensure access to options within the system. In order for an integrated conflict management system to be successful, it must be characterized by diversity in the corps of neutrals, including mediators and arbitrators. Where this is not currently the case, corrective measures should be taken.