Dispute Resolution
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Dispute Resolution

 

By Ed (AKA The Czar), 
Leader of White Mountains Different Strokes

 

wmds@valley.net

 

 
e-mail: wmds@valley.net 

website: http://wmdifferentstrokes.com 

listserv: http://groups.yahoo.com/group/wmds 

EDITOR'S NOTE: In my travels in the BDSM world both as a leader and participant, I've discovered that most people don't realize the incredible amount of work it takes to run a BDSM group. From the guest perspective it's just a party or munch now and again to go to. But behind the scenes there are many people who work very hard to make this happen. I asked Ed, Leader of White Mountains Different Strokes to write a monthly column for SCENEsubmissions that would help our readers understand what goes on behind the scenes. You can read past articles in this series on the epe dominion site: www.epedominion.com/library in the leader's speak section.

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We had discussed the idea of rules/bylaws, etc., in an earlier article. In practical terms, these are often unnecessary until something goes wrong. The noted business author Tom Peters has longed railed against lengthy policy manuals (designed to cover any contingency) in Corporate America. He believes they are often "blame manuals," designed only to be consulted after a mishap and then solely to assign blame.

I think he's right, yet I also think there is considerable value to having some sort of group policy on paper that prospective new members can be shown when they first want to become involved. A little forethought can often head off potential problems, and even when they do arise people cannot argue that there had been no guidelines whatsoever. As previously discussed, some groups have extensive by-laws, with others only having enough to cover major areas (such as Safe, Sane & Consensual). Whichever road you take, there are certain to be some gray areas (no by-laws can cover every situation). Here are some ways that groups I am aware of have handled them; beginning with people who are not part of management - in other words, "regular members."

 

a) Troubleshooting - Some groups make it a point of not wanting to "go-to-the-mat" right away. Instead, they appoint a "troubleshooter," someone whose task it is to let the person know of the issue and asking how they can help resolve it. That individual could take stronger action if need be, but at first they try to act as a mediator. Such a person would need strong people skills, as well as the confidence of the management group. The long-time district attorney of New York City (Frank Hogan) once commented that half of the cases that wound up in criminal court began, not as a major offense, but as the result of an insult, an unkind word, some slight to someone's pride. A troubleshooter can prevent a major crisis.

b) Arbitrator - still other groups appoint an arbitrator; someone whose task is to make a final judgment on a situation, up to and including expulsion of a member. This person may (or may not) also act as the type of troubleshooter mentioned in the previous section, the skills needed are a little different, and some groups use a different person. In my first job, the personnel manager (named Peter) handled all firings; this was quite a task in a company that had ten presidents in twelve years (or maybe it was twelve presidents in twelve years)? I once asked him how he could stand that - he answered, "Ed, it's the best situation in the world for me - as personnel manager, I can offer references and ways they can get that next job." Suffice it to say, it's not for everyone. Groups using such a person often have a "right of appeal" to the management group as a whole. Even though a group who entrusts such a responsibility to someone due to the trust level placed in them, I think having a review is an important safeguard.

c) Mechanism for board members - should the dispute instead involve a board member, the dynamics change. Here, there needs to be a way for others to evaluate what the remedy should be when it's an insider. Often, this may involve a vote of a majority (or even super-majority).

d) Having members involved in rule setting - while most groups set their policies based on the actions of its management, others at least solicit input from ordinary members. If regular members feel that they have helped set the agenda, it's difficult for them to argue that they had no say in the matter. It is still the responsibility of group management to implement the policies, yet there's no harm in asking.

For most groups, these situations do not come up frequently. "Problem Children" seldom stay around very long if they sense that a particular group will not put up with bad behavior, or suffer any fools. Yet even good people occasionally jump the tracks, and having a dispute resolution mechanism ahead of time can help make sure that the problem does not get out of hand.

 

 

 

 

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