________________________
* Professor of Strategic Management, College of Business Administration, University of the Philippines, Diliman, Quezon City. (Email: [email protected]).
A SURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Rafael A. Rodriguez*
The paper analyzes data on reported incidence of disputes in small and medium enterprises in the National Capital Region of the Philippines from a survey conducted by the Social Weather Stations (SWS) in late 2006. The paper examines the incidence of disputes with customers, suppliers, employees, local and national government agencies, competitors and communities or civil society organizations, in these enterprises. Survey data show that the enterprises resort to internal mechanisms as well as to third parties and legal processes to resolve disputes. Finally, the paper finds a role for external non-government organization to assist these enterprises in dispute reduction or resolution.
Keywords: dispute, dispute resolution, small and medium enterprises
I. INTRODUCTION
Interest in small and medium enterprises (SME) has increased in recent decades principally because of their potential for greater contribution to a growing economy.
This paper examines survey data on the incidence of disputes in small and medium enterprises, with a view towards identifying potential areas of assistance in dispute settlement in such enterprises given that judicial settlement of disputes can be both protracted and costly in this country.
The data for this study was generated from a survey conducted by SWS involving 213 SME (112 small and 101 medium) in the National Capital Region between October 13 and November 14, 2006. The identified parties with whom the SME could potentially come into conflict with were
comprised of external sectors that business enterprises interact with, namely, suppliers, customers, competitors, the community and non-government organizations, local and national government agencies, as well as the firm’s own employees.
The survey was conducted in partnership with the Asia Foundation, with funding support from the United States Agency for International Development. Also a partner in this effort is the Conflict Resolution Foundation, a non-government organization, which conducted a number of focus group discussions prior to the design of the survey.
The list of respondent enterprises was also provided by the Conflict Resolution Foundation.
II. OVERALL FINDINGS
The extent to which SME experience disputes with the various sectors in their
environment are summarized in Table 1. The majority reported of having disputes with
2 ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
three sectors, namely their customers, their suppliers, and not surprisingly, their own
employees.
Table 1
% of Companies Reporting Disputes With...
Total Enterprises
Small Enterprises
Medium Enterprises
Customers 77% 71% 84%
Suppliers 74 64 85
Employees 62 53 72
Local Government 42 36 47
National Government 42 36 50
Competitors 26 26 26
Communities or Civil Society Organization
12 11 14 Source: Social Weather Stations, Survey on Conflict Resolution Systems in Small and Medium
Enterprises, NCR, October 13 – November 14, 2006 [Powerpoint presentation].
The frequency in the reported incidence of these disputes generally cluster in the “A few times a month” to “ A few times in the
last twelve months” range, with only a minority reporting frequencies of “Daily”
and “A few times a week” (see Table 2).
Table 2
Frequency of Reported Disputes
Daily A Few Times a
Week
A Few Times a Month
A Few Times in the Last 12
Months
Customers 10% 18% 48% 23%
Suppliers 4 20 50 26
Employees 6 11 45 38
Source: Social Weather Stations, Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 [Powerpoint presentation].
Though not as numerous as those reporting conflicts with customers, suppliers, and employees, Table 3 also shows that significant numbers of the respondents reported conflicts with local and national government agencies and to a lesser extent,
with competitors as well as with the community and or non-government organizations within the last three years.
Among the SME reporting disputes with these sectors, the modal response in terms of frequency is “Sometimes”.
Table 3
Frequency of Reported Disputes
Regularly Sometimes
Local Government 5% 37%
National Government 6 36
Competitors 4 23
Communities or Civil Society Organization
0.5 12 Source: Social Weather Stations, Survey on Conflict Resolution Systems in Small and Medium
Enterprises, NCR, October 13 – November 14, 2006 [Powerpoint presentation].
Most of disputes with the non- government sectors above, which are handled directly by company employees, are
resolved quickly (i.e., within 5 days). (Refer to Table 4).
Table 4
Number of Conflicts Resolved Within 5 Working Days Handled by the SME’s Staff
All of them + Most of them
Some of them + Very Few of them
High 83% 19%
Low 81 17
Average 81 18
Source: Social Weather Stations, Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 [Powerpoint presentation].
The firms reported a high degree of satisfaction with the effectiveness of their
internal dispute resolution mechanisms (see Table 5).
Table 5
Satisfaction with the Company’s Internal System of Resolving Disputes with Specific Organizations by Size of Enterprise
Total Enterprises Small Enterprises Medium Enterprises
Satisfied Dissatisfied Net Satisfied Dissatisfied Net Satisfied Dissatisfied Net Customers 92% 3% +89 92% 3% +90 92% 4% +88 Suppliers 92 5 +87 92 6 +86 93 5 +88 Employees 87 5 +82 86 7 +80 88 4 +84 Civil Society
Organization
88 8 +81 83 17 +67 93 0 +93 Competitors 80 11 +70 69 17 +52 93 4 +89
Source: Social Weather Stations, Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 [Powerpoint presentation].
4 ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Despite the generally high satisfaction with the effectiveness of the SME internal dispute handling mechanisms, a significant proportion of the firms reported of resorting
to either third party interventions (Table 6) or to filing of legal suites or formal complaints (Table 7).
Table 6
% of Companies who had to Get Help from a Third Party in Order to Resolve Disputes by Size of Enterprise
Total Enterprise Small Enterprises Medium Enterprises
High 22% 19% 27%
Low 13 11 14
Average 19 16 21
Source: Social Weather Stations, Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 [Powerpoint presentation].
Table 7
% of Companies who had to File a Legal Suit or Other Formal Complaints in Order to Resolve Disputes by Size of Enterprise
Total Enterprise
Small Enterprises
Medium Enterprises
High 22% 13% 31%
Low 6 1 7
Average 14 8 18
Source: Social Weather Stations, Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 [Powerpoint presentation].
In all categories of disputes, medium- sized firms tend to resort to these external
mechanisms than small enterprises.
III. AREAS OF DISPUTES
The subject matter of the disputes differs according to the nature of the SME’s relationship with the parties/sector. In this section, we summarize the areas of dispute by sector.
Customers
The highest incidence of disputes reported by SME is with their customers (77%). The modal frequency of these
disputes is “a few times in the last 12 months.” although a significant proportion (18%) also reported of having disputes with
customers “a few times a month” (see Figure 1).
Figure 1
Frequency of Having a Dispute of Any Kind with Customers Over the Last Twelve Months
Su r ve y o n Co nf lict Re so lut io n S yst e ms in Sm a ll a nd M ediu m En te rp r ise s, N C R, Oct o b er 1 3 – N o ve mb e r 1 4 , 2 0 0 6
D aily 1%
A few times a week 10 %
Never 23%
A fe w times in the last 12
months 48 % A few time s a
mo nth 18%
The nature of SME conflicts with their customers have to do with the quality of the goods or services provided, delivery, delayed payment and to a lesser extent, misleading information or advertisement. Of these,
conflicts about delayed payment have the highest combined frequency of “Very often”,
“Most of the Time”, and “Sometimes”
responses (63%). (Refer to Figure 2)
Figure 2
Frequency of Having Disputes with Customer, By Type of Dispute
Su rv ey o n C o nflict Re solu t io n Sy st em s in Sma ll a nd Me d iu m E nt er p rises, N C R, O cto b er 13 – N o ve mb er 14 , 20 0 6 8
2 2 8
2
9
1
3 5 3 1
4 6
9 4 8
1 8
2 5
1 3 1 9 1 9
6 5
5 4 2
0 % 2 0 % 4 0 % 6 0 % 8 0 % 1 0 0 %
N e v e r
R a r e l y
S o m e ti m e s
M o s t o f t h e t i m e
V e r y o f t e n
Q ua li ty of G oo d s an d
S ervi ce s
Del iv ery Del ay ed o r L ess th an
Ag reed
P ayme nt Del ay ed o r L es s T h an
Ag reed
M i sle adi n g I nfo rmati o n o r Ad verti sem ent
6 ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Eighty three percent (83%) of the establishments reported that “all” or “most”
of the conflicts handled by their staff are resolved within five days and (92%) reported being “Very Satisfied” or “Fairly Satisfied”
with the staff’s handling of these conflicts.
Nonetheless, 22% of the SME resorted to third parties to mediate disputes with customers (Figure 3) while 31% reported of filing legal suits or formal complaints to attempt to resolve them (Figure 4).
Figure 3
% of SMEs that Asked Help from a Third Party
to Amicably Settle Disputes with Customers by Size of Enterprise
S ur ve y o n C o nf lict R eso lu tio n Sy st e ms in Sm a ll a nd Me di um E nt e rp r ises, N CR , O cto b er 1 3 – Nov em be r 14 , 2 0 06 33
22 2 0
2 5
0 2 5 5 0
T ot al Sm al l Me di um
Figure 4
% of SMEs that had to File a Legal Suit/Formal Complaint to Resolve a Customer Dispute
Survey on Conflict Resolution Systems in S mall and Medium Enterprises, NCR, October 13 – November 14, 2006 37
2 2
13
3 1
0 2 5 5 0
TOTAL SMALL MEDIUM ENTERPRISES ENTERPRISES ENTERP RISE S
Medium-sized enterprises are more than twice as likely to file a legal suit or complaint against customers than the small enterprises.
This difference could be due to the smaller firms’ inability to afford the cost of legal proceedings.
Suppliers
Conflict with suppliers has the second highest reported incidence in SME, with half of the SME reporting disputes with their suppliers “a few times” during the last 12 months (see Figure 5).
Figure 5
Frequency of Having a Dispute of Any Kind with Suppliers Over the Last Twelve Months
Survey on Conflict Resolution Syste ms in Small and Me dium Ente rprises, NCR, October 13 – November 14, 2006 11 Daily
0.5%
A few times a week
4%
Never 26%
A few times in the last 12 months
50%
A few times a month
20%
As in the case of their customers (for whom SME act as the supplier of goods or services) SME disputes with their suppliers are mainly over the quality of goods delivered (93%) or delays in delivery (93%).
Delayed or incomplete payment and misleading information or advertisement also figure significantly in these disputes, 62%
and 59%, respectively (Figure 6).
8 ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Figure 6
Frequency of Having Disputes with Suppliers, By Type of Dispute
Sur vey o n C on flict R eso lu tio n Systems in Small an d Med iu m En terpr is es, NCR , Oc tob er 13 – November 1 4, 20 06 1 0 Quali ty of
Goo ds and S ervi ces
P aym ent Del ayed or Less T han A greed D eli very
D el ayed or Less than A greed
M isleadi ng Inform ati on or Ad vertisem en t 1
2 6 1 1
5 8
4 9
4 7
2 6
2 6 3 7
2 8
3 2
7 7
3 7 4 1
7 3 2
0 % 2 0 % 4 0 % 6 0 % 8 0 % 1 0 0 %
N e v e r
R a r e l y
S o m e t i m e s
M o st o f t he ti m e
V e r y o f te n
Compared to disputes with customers, there is a lower tendency to resort to third parties to settle disputes with suppliers (13%)
(Figure 7) and to file a legal suit or formal complaint (6%) (Figure 8).
Figure 7
% of SMEs that Asked Help from a Third Party
to Amicably Settle Disputes with Suppliers, By Size of Enterprise
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 34
1 3 1 1
1 4
0 2 5 5 0
TOTAL SMALL MEDIUM ENTERPRISES ENTERPRISES ENTERPRISES
Figure 8
% of SMEs that had to File a Legal Suit/Formal Complaint to Resolve a Supplier Dispute
Survey on Conflict Resolution System s in Small and Me dium Enterprises, NCR, October 13 – Nove mber 14, 2006 40 6
1
9
0 2 5 5 0
TOTAL S MALL ME DIUM ENTERPRISES ENTERPRISES ENTERPRISES
As in the case of disputes with customers, medium-sized enterprises are far more likely to resort to legal suits than the small enterprises.
Employees
A relatively high proportion of the responding firms (62%) reported of having
conflicts with their employees (Figure 9), with the medium-sized firms reporting more disputes with their employees (82%) compared to the smaller firms (53%). A significant proportion (17%) reported of having disputes with their employees as often as “daily” up to “a few times a month”.
10ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Figure 9
Frequency of Having a Dispute of Any Kind with Employees Over the Last Twelve Months
Surv ey on Conflict Re solut ion Sy st em s in Sma ll a nd Me dium Ent er prises, NCR, October 13 – Nove mber 14, 2006 12 A few times a
week 6%
Never 38%
A few times in the last 12 months
44%
A few times a month
11%
Daily 1%
Employee complaints tend to be equally distributed among demands for higher wages (69%) complaints about disciplinary action (65%) and demands for better working conditions (52%). On the other hand, 72% of the survey respondents reported of having complaints against their employees for misconduct or breach of contract. As in the
other dispute areas, the bulk of these conflicts are handled internally (98%).
However, in 21% of these cases, third party intervention or mediation was involved, and to a lesser extent (16%), filing of a legal suit or formal complaint was resorted to (Figure 10).
Figure 10
Frequency of Having Disputes with Employees, By Type of Dispute
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 11 Dem ands
for Higher Wa ges
D emands for Better Working Conditions
D isc iplinary Actions by
the Company
Employee Misc onduct or
Br each of Contrac t
2 1 2 2
7 3 4
2 4
1 2 1 7
3 6 3 6
4 4
3 1 3 1
4 8
3 5
2 7
4 3 6
0%
2 0%
4 0%
6 0%
8 0%
1 0 0%
N e ve r
R a r e l y
S o m e ti m e s
M o st o f t h e ti m e
V e r y o ft en
Medium-sized companies were again more than twice as likely (23%) to file a legal
suit or formal complaint against employees than the small enterprises (7%).
Figure 11
% of SMEs that Asked Help from a Third Party
to Amicably Settle Disputes with Employees, by Size of Enterprise
Survey on Conflict Resolution Systems in Small and M edium Enterprises, NCR, October 13 – November 14, 2006 35
22
15
27
0 25 50
TOTAL S MALL MEDIUM E NTERPRISE S ENTERPRISES ENTERPRISES
12ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Figure 12
% of SMEs that Had to File a Legal Suit/Formal Complaint to Resolve an Employee Dispute
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 41
1 6
7
2 3
0 2 5 5 0
TOTAL SMALL MEDIUM E NTERPRISE S ENTERPRI SES ENTE RP RI SES
A fourth (25%) of the SME report having received legal complaints from employees.
Medium enterprises (30%) received more
legal suits or formal complaints than small enterprises (19%). (See Figure 13).
Figure 13
% of SMEs that Ever Received a Legal Suit/Formal Complaint from an Employee to Resolve a Dispute
Survey on Conflict Resolution Systems in S mall and M edium Enterprises, NCR, October 13 – November 14, 2006 42 TOTAL SMALL MEDIUM
ENTERPRISES ENTERPRI SES ENTERPRI SES 25
19
30
0 25 50
Competitors
SME reported significantly lower dispute experience with their competitors as compared to their experience with customers and suppliers.
Disputes with competitors also tend to be more intermittent in character, with 23%
reporting that conflict occurs “sometimes”
and only 4% reporting conflict with competitors “regularly”. These need not, however, indicate the absence of strong competition in the SME sector. Firms may compete vigorously in the market (e.g., in terms of prices or in terms of product or service quality, without referring to this as
“disputes” or “conflicts”).
Figure 14
Frequency of Having a Dispute of Any Kind with Competing Companies Over the Last Twelve Months
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 14
Regularly 4%
Sometimes 23%
Never 73%
Conflicts with competitors tend to center on unfair pricing (59%), unequal access to markets (52%), on infringements of
trademarks, trade names, and product designs (37%), as well as on unequal access to materials (22%). (See Figure 15)
14ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Figure 15
Frequency of Having Disputes with Competing Companies By Type of Dispute
Surv ey on Conflict Re solution Sy stem s in Small and Me dium Enterprises, NCR, October 13 – Nove mber 14, 2006 13
2 5 2
2 2 5
9
2 9
1 4
2 9 25
9
1 6 61
4 1
7 3
4 8
5 2 0
0 % 2 0 % 4 0 % 6 0 % 8 0 % 1 0 0 %
Ne ver
Ra r el y
S o m et i m es
M o st o f t h e t i m e
V er y o f t e n Cop yin g of Tr ade
nam es, Trad ema rks o f
De sign s
Comp laints Ab ou t U nfair Pr ic in g
Un eq ua l Acc ess to Materials an d/o r Services
in Pro du ction
Un eq ua l Acc ess to Co ns ume r
Marke ts
Figure 16
% of SMEs that Asked Help from a Third Party
to Amicably Settle Disputes with Competing Companies, by Size of Enterprise
Surv ey on Conflict Re solution Sy ste ms in Sm all and M edium Ente rprise s, NCR, October 13 – Nove mber 14, 2006 37
1 8 1 7 1 9
0 25 50
TOTAL SM ALL ME DI UM E NTERPRISE S ENTERPRISE S ENTERPRISES
Compared to conflicts with customers or employees, a smaller percentage (18%) of the SME resorted to third parties to settle or mediate the disputes (Figure 16) while an
almost equal number (16%) resorted to legal suits and/or filing of formal complaints (see Figure 17).
Figure 17
% of SMEs that Had to File a Legal Suit/Formal Complaint to Resolve a Competitor Dispute
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 39
16
10
22
0 25 50
TOTAL SMALL MEDIUM ENTERPRISES ENTERPRISES ENTERPRISES
As in previous cases, medium- sized firms are more likely to undertake legal proceedings compared to their smaller counterparts.
Civil Society Organizations
The lowest incidence of reported conflict
in SME (12%) is with the community and/or with NGO’s. The incidence of conflicts is also preponderantly intermittent with only one of the 26 respondents claiming to have conflicts with the community “regularly”
(Figure 18).
16ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Figure 18
Frequency of Having a Dispute of Any Kind with Civil Society Organizations Over the Last Twelve Months
S urv ey o n Co nflict Re solut io n Sy ste ms in S ma ll and M ed ium Ent er p rises, N CR, Octo b er 1 3 – N o v emb e r 1 4 , 2 0 0 6 13
R e gularly 0%
S om et im es 1 2%
N eve r 8 8%
0 .5 %
SME disputes with communities and NGOs mainly concern environmental pollution issues (62%) and violations of public health and safety regulations (50%).
Violations of price regulations and human rights are less frequent areas of dispute, 23%
and 12%, respectively (see Figure 19).
Figure 19
Frequency of Having Disputes with Civil Society Organizations By Type of Dispute
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 12
4 4 4
2 7 1 5
8 3 1
1 9
4 3 8
5 0
7 7
8 8
4 2 7
0 % 2 0 % 4 0 % 6 0 % 8 0 % 1 0 0 %
N e v e r
R a r e l y
S o m e t i m e s
M o s t o f t h e t i m e
V e r y o f t e n
Environment a nd Pollution
Viola tion of Regulations for He alth and Public Safety
Violation of Price Regula tion
Violation of Human R ights
Despite the low reported incidence of conflicts with the community, a significant proportion of those experiencing such
conflict resorted to third party mediation in the last three years (19%). (Figure 20)
Figure 20
% of SMEs that Asked Help from a Third Party to Amicably Settle Disputes with Civil Society Organizations By Size of Enterprise
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 36
1 9 17
2 1
0 2 5 5 0
TOTAL SMALL MEDIUM ENTERPRISES ENTERPRISES ENTERPRISES
Only two respondents of the 26 reporting conflicts with the community resorted to
legal action or the filing of formal complaints to settle the dispute (see Figure 21).
Figure 21
% of SMEs that Had to File a Legal Suit/Formal Complaint to Resolve a CSO Dispute
Su rv ey o n Con flict Reso lu tio n Syst em s in S ma ll a nd M ediu m E nte rpr ises, N CR, Oct o b er 1 3 – N o ve mb e r 1 4, 2 00 6 38
8 8 7
0 2 5 5 0
TO T AL S MA L L M ED IU M E NT E RP RIS ES EN T ER PR ISE S E NT ER P RIS ES
18ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
Government Local Government
SME reported about equal incidence of conflict with local government as with
national government agencies (i.e., 42% for both). This is generally lower than the level of disputes with private parties in the SME environment, though clearly still significant (see Figure 22).
Figure 22
Frequency of Having a Dispute of Any Kind with Local Government Over the Last Twelve Months
S u rv ey o n C o n fl i c t R e s ol u t io n S y st em s i n S m a l l a n d M e d iu m E n t er p ri s es , N C R , O c to b er 13 – N o ve m b er 14 , 20 0 6 1 5 R e g u l a r l y
5 % S o m e ti m e s
3 7 %
N e v e r 5 8 %
Among those who reported experiencing difficulties with local government over the last three years, most reported difficulties in securing permits to build or operate (74%), and disputes about local tax assessments
(71%). Forty six percent (46%) also reported disputes over the enforcement of local ordinances. Forty-one firms (54%) reported experiencing “harassment” by local government officials (see Figure 23).
Figure 23
Frequency of Having Disputes with Local Government By Type of Dispute
Su rv ey o n C o n fl ict R e s olu t io n Sy st em s i n Sma ll a n d Me d iu m E n t er p ris es , N C R , O cto b er 13 – N o ve mb er 14 , 20 0 6 14 1 1
2 4 3
9
6 4
2 8 3 2
2 7
1 8 2 7
1 8
2 1
2 6 2 8
4 6
5 3
1 3 2 3
0 % 2 0 % 4 0 % 6 0 % 8 0 % 1 0 0 %
N e v e r
R a r e l y
S o m e t i m e s
M o s t o f t h e t i m e
V e r y o f t e n D i f fi cul ti es i n
Se cu rin g L o cal P erm its
D is pu tes o n L oca l Tax A s sess m ent
H aras sm en t of L oc al Go ver nm e nt
O ffic ia ls
D is pu tes Ov er E nfo rce m en t o f
Lo cal O rd in an ces
Interestingly, among respondents who have conflicts with local governments, there is a tendency to report relatively higher frequency of occurrence of conflict (i.e., under “very often” and “most of the time”) as compared to disputes with other sectors.
In all of the above disputes with the local government, the medium-sized establishments reported relatively higher incidences of disputes then their small- enterprise counterparts.
National Government
Similar to the experience with local
governments, SME who reported disputes with national government agencies cited tax assessments as the largest single source conflict (72%). This is followed by disputes over the enforcement of national laws and/or their implementing rules and regulations (54%) and disputes regarding the grant of fiscal incentives (48%). Fifty six percent (57%) of the firms reported of experiencing
“harassment” from officials of national government agencies, higher than the figure for local governments (see Figure 24).
Figure 24
Frequency of Having Disputes with National Government By Type of Dispute
Survey on Conflict Resolution Systems in Small and Medium Enterprises, NCR, October 13 – November 14, 2006 15
3 6 4 2
6 7
7 24
42
27
1 9 14
19
2 7 52
28
43 4 6
9 16
0 % 20 % 40 % 60 % 80 % 1 00 %
N e ver
R a r el y
So m et i m es
M o st o f t h e ti m e
Ve r y o f t e n Difficulties in
Securing Fisca l Inc entive s
Dispute s On Na tiona l Tax A ssess ment
Har assme nt of National Government Officials
Enfor ceme nt of Na tiona l Le gislation and/or
Rules and R egulations
Medium sized firms also reported higher incidence of disputes with national
government agencies than their smaller counterparts, (50%) and (36%) respectively.
20ASURVEY ON DISPUTE INCIDENCE AND RESOLUTION IN SMALL AND MEDIUM ENTERPRISES
IV. CONCLUSIONS
Significant numbers of small and medium firms in the survey reported recurring or intermittent disputes on a variety of issues with all seven sectors in their environment, namely, customers, suppliers, competitors, the community and civil society organizations therein, employees and local and national government agencies. While most firms reported high satisfaction with their internal systems for handling disputes with all five non- government sectors, there is also a significant number that resorted to third party intercession and to the filing of legal suits and complaints to settle disputes with all these parties. While the use of third parties and legal proceedings to settle disputes with national and local government agencies were not included in this survey, there is no reason to believe that these external mechanisms are not used as well by SME in disputes with these agencies.
The findings of this survey suggest a role for external non-government organizations to assist small and medium enterprises in their efforts to contain or resolve conflicts with the sectors with which they interact. The smaller firms who appear less able than their medium-sized counterparts to afford legal assistance may especially benefit from the availability of such assistance.
Such assistance needs to be affordable in order to be attractive and beneficial to these firms. To be attractive to the small enterprise sector, dispute mediating non-government organizations must also have a credible track record. This suggests the need for a strategy to focus the type assistance to a narrower range of dispute areas, say employee relations and/or tax advise. Other areas of assistance may be in the form of information seminars, e.g., in quality assurance and product labeling, and formal contracts which may prevent or reduce disputes with customers and other parties. As the assisting organization gains experience and visibility in the small enterprise sector, it could broaden the areas of dispute and consulting assistance to cover the other dispute areas suggested in this survey.
In assisting small and medium enterprises, the assisting firm probably cannot rely on consulting fees from these organizations to survive in the short run. For this reason, they may need to tap grant assistance from national and international sources in order to tide them over their start up period, as many non-government organizations operating in other sectors have done.
ACKNOWLEDGEMENT
*The author gratefully acknowledges the Social Weather Stations (SWS) and the Asia Foundation for permission to publish this material.
REFERENCE
Social Weather Stations (2006). Survey on conflict resolution systems in small and medium enterprises. October 13 to November 14, 2006.