Logistics industry growth slowed in December due to a seasonal wind-down of inventory and following one of the busiest holiday shopping seasons on record, according to the latest Logistics Managers’ Index (LMI) report, released this week.
The monthly LMI was 57.3 in December, down more than a percentage point from November’s reading of 58.4. Despite the slowdown, economic activity across the industry continued to expand, as an LMI reading above 50 indicates growth and a reading below 50 indicates contraction.
The LMI researchers said the monthly conditions were largely due to seasonal drawdowns in inventory levels—and the associated costs of holding them—at the retail level. The LMI’s Inventory Levels index registered 50, falling from 56.1 in November. That reduction also affected warehousing capacity, which slowed but remained in expansion mode: The LMI’s warehousing capacity index fell 7 points to a reading of 61.6.
December’s results reflect a continued trend toward more typical industry growth patterns following recent years of volatility—and they point to a successful peak holiday season as well.
“Retailers were clearly correct in their bet to stock [up] on goods ahead of the holiday season,” the LMI researchers wrote in their monthly report. “Holiday sales from November until Christmas Eve were up 3.8% year-over-year according to Mastercard. This was largely driven by a 6.7% increase in e-commerce sales, although in-person spending was up 2.9% as well.”
And those results came during a compressed peak shopping cycle.
“The increase in spending came despite the shorter holiday season due to the late Thanksgiving,” the researchers also wrote, citing National Retail Federation (NRF) estimates that U.S. shoppers spent just short of a trillion dollars in November and December, making it the busiest holiday season of all time.
The LMI is a monthly survey of logistics managers from across the country. It tracks industry growth overall and across eight areas: inventory levels and costs; warehousing capacity, utilization, and prices; and transportation capacity, utilization, and prices. The report is released monthly by researchers from Arizona State University, Colorado State University, Rochester Institute of Technology, Rutgers University, and the University of Nevada, Reno, in conjunction with the Council of Supply Chain Management Professionals (CSCMP).
The nearly consecutive landfalls of Hurricanes Helene and Milton made two things clear: disasters are inevitable, and they’re increasing in frequency, scope, and severity. As logistics and supply chain leaders look toward 2025, disaster recovery planning should be top of mind—not only for safeguarding business operations but also for supporting affected communities in their recovery efforts. (For a look at lessons learned from 2024, please refer to the sidebar below.)
To ensure that they have a comprehensive plan in place, supply chain professionals should take a three-pronged approach that incorporates working with local emergency organizations, nonprofits, and internal partners.
Build relationships with local organizations
A critical first step in disaster readiness is identifying and establishing relationships with local emergency management organizations. Local emergency managers specialize in coordinating immediate disaster responses on the ground in their communities. While they’re well-versed in terms of supporting the continuity of critical infrastructure like hospitals, fire stations, and city services, they’re often less acquainted with the important connection between healthy supply chains and community resilience.
When local officials have a limited understanding of the critical role that distribution centers, manufacturing plants, or food suppliers play in disaster response, it can delay restoration of the flow of supplies to grocery stores, big box stores, and similar locations. For example, ensuring that debris on roads to a warehouse is cleared rapidly following a storm may not be high on the government’s priority list. However, doing so can help keep grocery stores stocked and supply chains intact, reducing the burden on the government to provide those resources.
With this in mind, invite local emergency management officials to tour your logistics facilities and explain the critical role your organization plays in maintaining the flow of goods within the broader community. This firsthand look will help them understand how your operations contribute to community resilience and support the local economy.
ALAN has been helping to connect nonprofits with logistics resources since 2005. Here supplies are packed up for transport and distribution to Hurricane Maria survivors in 2017.Photo courtesy of ALAN
Partner with nonprofits
There are many reasons why it makes sense for members of the logistics community to build partnerships with nonprofits before disasters hit. But one of the most important is this: Even the most well-organized of them usually experience logistics gaps. Many nonprofits lack a comprehensive understanding of how to create an effective logistics organization. Even if they do have logistics staff, they will often need additional logistics resources once a disaster hits to meet surging demand for services. However, after a disaster most nonprofits are usually operating at such a high capacity that they don’t have the time or bandwidth to onboard new logistics partners.
These logistics gaps—and the onboarding challenges that disasters create—are a key reason why the American Logistics Aid Network (ALAN) exists. The organization has spent 19 years connecting nonprofits with the logistics services and expertise they need with the help of a well-established network and preplanned resources. ALAN works to make it easy for logistics professionals to support disaster-stricken areas with everything from warehousing to transportation to material handling equipment.
Like all nonprofits, ALAN is able to carry out its work even more effectively when organizations reach out to ask, “How can we help?” long before a disaster occurs. The most effective disaster response is based on the preparation and strong relationships that have been built during quieter times.
Companies can offer their services ahead of time via ALAN’s webform (www.alanaid.org/volunteer/). ALAN then meets with each business to determine what services and equipment it can offer in tmes of need. When there is a request that matches a business’ profile, ALAN will reach out to see if the organization can assist.
By onboarding new partners when things are calm, ALAN can ensure that resources and logistics networks are primed, optimized, and ready for immediate action. This proactive approach makes sure that critical supplies and aid can reach those in need without delay. As a result, itprovides quicker support for affected residents and businesses alike and strengthens the resiliency of communities.
The nonprofit Unity in Disasters needed 30 pallets of food transported to Jackson, Miss., to help Hurricane Ida survivors in 2021. ALAN was on hand to coordinate a response.Photo courtesy of ALAN
A culture of safety, preparedness
While community preparedness is crucial, building a strong culture of personal and corporate readiness within your organization is equally important. A preparedness culture can safeguard employees and ensure operations can resume as quickly as possible after a disaster.
In light of this, encourage your personnel to identify safe locations for shelter or evacuation, assemble emergency supply kits, and follow advice from local officials during a crisis. This responsibility typically falls to a corporate safety officer, but for smaller organizations, supervisors or administrative staff may have to coordinate the efforts.
Just as important, consider taking a page from the book of the many logistics companies that have already begun offering training sessions to help employees prepare for various disaster scenarios. Some of these training sessions are as simple as start-of-shift conversations about shelter-in-place locations or evacuation routes. Other organizations do full-scale exercises. There are lots of resources companies can pull from to develop these training sessions, including businesses that specialize in corporate crisis training. The Association of Continuity Professionals has resources, as does the Federal Emergency Management Agency (FEMA), via their Ready Business website.
Some businesses even partner with local first responders to conduct walkthroughs of their facilities, ensuring firefighters and paramedics are familiar with the layout. These partnerships provide vital information that enables emergency crews to navigate facilities more effectively in a crisis, further safeguarding employees and reducing potential downtime.
Strengthening community resilience
When disasters strike, logistics and supply chain organizations have the ability to be game changers in the best possible way, strengthening community resilience.
By building relationships with local emergency management and nonprofit organizations, they can contribute to considerably more efficient and coordinated disaster response. Likewise, sharing their supply chain resources with nonprofits ensures help will arrive faster and allows each donated dollar to go farther. And by doing what they can to protect themselves and restore the ability to deliver food, water, and medical supplies to disaster survivors, they can make the difference between stability and prolonged hardship.
Working collaboratively, logistics and supply chain organizations can help communities withstand and recover from the worst, enabling a faster, stronger return to normalcy.
Learning from 2024
By looking back on the logistics challenges of the 2024 hurricane season and reflecting on the responses to Hurricanes Helene and Milton, we can gain valuable lessons for the future.
North Carolina faced severe infrastructure damage, including to roads, bridges, and utilities. Prioritizing road and rail rebuilding became paramount in order to reestablish connections between cities and manufacturing hubs.
Similarly, pharmaceutical facilities in affected areas needed clean water sources restored to resume production. When two separate IV fluid suppliers’ facilities—one in North Carolina and one in Florida—could not gain access to clean water due to hurricane damage, hospitals across the country experienced shortages. This disruption highlighted the importance of immediate utility restoration for critical industries.
Effective disaster preparedness must include insight into each community’s unique infrastructure and supply chain risk factors. It comes as no surprise that logistics organizations with strong ties to a community are especially qualified to help other business and government professionals understand these dynamics, which help to effectively allocate and position recovery resources.
Maersk’s overall view of the coming year is that the global economy is expected to grow modestly, with the possibility of higher inflation caused by lingering supply chain issues, continued geopolitical tensions, and fiscal policies such as new tariffs. Geopolitical tensions and trade disruptions could threaten global stability, climate change action will continue to shape international cooperation, and the ongoing security issue in the Red Sea is expected to continue into 2025.
Those are difficult challenges, but according to Maersk, a vital part of logistics planning is understanding where risk and weak spots might be and finding ways to dampen the impact of inevitable hurdles.
They include:
1. Build a resilient supply chain As opposed to simply maintaining traditional network designs, Maersk says it is teaming with Hapag-Lloyd to implement a new East-West network called Gemini, beginning in February, 2025. The network will use leaner mainliners and shuttles together, allowing for isolation of port disruptions, minimizing the impact of disruptions to supply chains and routes. More broadly, companies should work with an integrated logistics partner that has multiple solutions—be they by air, truck, barge or rail—allowing supply chains to adapt around issues, while still meeting consumer demands.
2. Implementing technological advances
A key component in ensuring more resilience against disruptions is working with a supply chain supplier that offers advanced real-time tracking systems and AI-powered analytics to provide comprehensive visibility across supply chains. An AI-powered dashboard of analytics can provide end-to-end visibility of shipments, tasks, and updates, enabling efficient logistics management without the need to chase down data. Also, forecasting tools can give predictive analytics to optimize inventory, reduce waste, and enhance efficiency. And incorporating Internet of Things (IoT) into digital solutions can enable live tracking of containers to monitor shipments.
3. Preparing for anything, instead of everything Contingency planning was a big theme for 2024, and remains so for 2025. That need is highlighted by geopolitical instability, climate change and volatility, and changes to tariffs and legislation. So in 2025, businesses should seek to partner with a logistics partner that offers risk and disruption navigation through pre-planned procedures, risk assessments, and alternative solutions.
4. Diversifying all aspects of the supply chain Supply chains have felt the impact of disruption throughout 2024, with the situation in the Red Sea resulting in all shipping having to avoid the Suez Canal, and instead going around the Cape of Good Hope. This has increased demand throughout the year, resulting in businesses trying to move cargo earlier to ensure they can meet customer needs, and even considering nearshoring. As regionalization has become more prevalent, businesses can use nearshoring to diversify suppliers and reduce their dependency on single sources. By ensuring that these suppliers and manufacturers are closer to the consumer market, businesses can keep production costs lower as well as have more ease of reaching markets and avoid delay-related risks from global disruptions. Utilizing options closer to market can also allow companies to better adapt to changes in consumer needs and behavior. Finally, some companies may also find it useful to stock critical materials for future, to act as a buffer against unexpected delays and/or issues relating to trade embargoes.
5. Understanding tariffs, legislation and regulations 2024 was year of customs regulations in EU. And tariffs are expected in the U.S. as well, once the new Trump Administration takes office. However, consistent with President-elect Trump’s first term, threats of increases are often used as a negotiating tool. So companies should take a wait and see approach to U.S. customs, even as they cope with the certainty that further EU customs are set to come into play.
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Attendees visit the CSCMP EDGE 2024 Resource Center.
As I assume the role of Chair of the Board of Directors for the Council of Supply Chain Management Professionals (CSCMP), I fondly reflect on the more than 10 years that I’ve had the privilege of being part of this extraordinary organization. I’ve seen firsthand the impact we have had on individuals, companies, and the entire supply chain profession.
CSCMP’s journey as an organization began back in 1963. It has since grown from a small, passionate community to the world’s premier association for supply chain professionals. Our mission—to connect, educate, and develop supply chain professionals throughout their careers—remains not only relevant, but vital in today’s world.
As we look ahead, the opportunities are vast. What stands out the most to me is simply this:We are stronger together. Every individual brings a unique perspective, and it’s through our collective wisdom and efforts that we will continue to advance the work we do. The road ahead is not one we travel alone. It’s a path we navigate as a community—one united in purpose and direction.
My vision for the year ahead centers around growth—growth in our global reach and, perhaps even more importantly, growth in how we engage and support each other. We have tremendous opportunities for international expansion, especially in Europe, the U.K., Mexico, Central and South America, and Canada. I’m happy to share that we're already seeing progress in our reach to these regions.
I'm incredibly excited about the potential for even more growth ahead. One of the initiatives I am most passionate about is our Centers of Excellence. These centers will provide members the space to engage deeply in key supply chain disciplines. I invite each of you to dive into these areas, share your experiences, and contribute to the innovative solutions we develop together. There will be plenty of opportunity to do so. These centers are not only academic spaces—they are hubs for innovation, where we can share best practices and work together to solve our industry’s biggest challenges.
Education and thought leadership will continue to be at the heart of what we do. By expanding our research capacity, we will offer cutting-edge insights that keep our members at the forefront of industry trends and innovation. Through our platforms, we will create even more opportunities for connection and collaboration—ensuring that every voice is heard. Your insights, curiosity, questions, and engagement will drive the transformation we seek. We all play a part in the advancement of our industry and our profession.
Our impact begins with membership. Expanding collaborations with public, private, and nonprofit sectors will give us new ways to drive progress. In a world where our ecosystem is even more interconnected than ever before, the ability to engage with diverse stakeholders will help us unlock new solutions and truly make a difference on a global scale. None of this would be possible without the strong foundation that has been built over the years by serving our supply chain community. Each of you holds the ability to shape the future of the supply chain, and I can’t wait to see what we will achieve together.
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Supply Chain Xchange's 2024 Outstanding Women in Supply Chain Award winners
It’s an unfortunate truth: In spite of significant gains, women only represent 40% of the total supply chain workforce and only 35% of managers. These sobering figures come from the “2024 Women in Supply Chain Survey” authored by the analyst group Gartner and AWESOME, a nonprofit focused on advancing women’s supply chain leadership.
But by dwelling on the negative aspects of this truth, we run the risk of overlooking the significant impact that many women leaders are having on the supply chain field today.
Supply Chain Xchange’sOutstanding Women in Supply Chain Award seeks to shine a spotlight on women who are helping to reimagine and direct the future of supply chain management—not just for their own companies but for the profession as a whole.
The 2024 recipients are:
Annette Danek-Akey, chief supply chain officer (CSCO) at Barnes & Noble; Sherry Harriman, former senior vice president of logistics and supply chain for Academy Sports + Outdoors; Leslie O'Regan-Yount, director of product management for distribution center systems and third-party logistics at American Eagle Outfitters Inc.; and Ammie McAsey, senior vice president of customer distribution experience for McKesson's U.S. pharmaceutical distribution division.
Danek-Akey joined Barnes & Noble as CSCO in September of 2024 after a long career at book publisher Penguin Random House, where she had also risen to the role of CSCO. Recently retired, Harriman guided Academy Sports + Outdoors’ logistics and supply chain operations after working for nearly 30 years at Walmart in distribution. With 20 years of experience in the supply chain and technology space, O'Regan-Yount is currently playing an integral role in the implementation of innovative technology for American Eagle’s distribution operations. McAsey is currently responsible for leading the distribution strategy across the U.S. for brand, generic, and specialty pharmaceuticals at health care distributor McKesson. In addition, she supports McKesson’s initiatives to provide COVID-19 vaccines and ancillary supply kits on behalf of the U.S. government.
The award winners were recognized at the CSCMP EDGE Conference in the Fall of 2024. The following is an excerpt from the subsequent panel discussion moderated by
Supply Chain Xchange Executive Editor Susan Lacefield. (The full panel discussion can be view on our website under the video section.)
Can you talk a little bit about your career path, and how you got into the position where you are today?
Annette Danek-Akey: I have an interesting career path because I was for the last 28 and a half years on the publishing side at Penguin Random House, where I was the chief supply chain officer. So I'm looking forward to being on the other side of the supply chain [at retailer Barnes and Noble].
How did I get to where I am? My background is in industrial engineering. When you're an industrial engineer, you have to convince someone else to do a project. So at some point, I realized the best place to be was probably to be in charge, because then I could implement my own ideas. But what I didn't realize is that you still have to convince people and you have to do it in a collaborative fashion.
I started my career in retail at Sears in logistics, and at some point, I got a call from a recruiter. There was an opportunity to go to this very small book publisher distribution facility. If you're at a big company, sometimes you get pigeonholed into one job, and I wanted to do it all. That's just my personality type. So, I said, “I'm going to take the step.” I went to that smaller company, and I got to learn it all. And then we just happened to grow into the world's largest trade publisher.
Sherry Harriman: Before I retired, I had the opportunity to lead Academy Sports + Outdoor’s supply chain and logistics for six years. But before that, I worked 29 years at Walmart. I started out just needing a job, working my way through college. And so, I say, supply chain found me. I started out as a break-pack order filler, and when I left Walmart, I had responsibility for six distribution centers in the state of Florida and one in Puerto Rico.
When I look back on my career, what worked well for me was always accepting new roles and responsibilities and appreciating that maybe someone had more faith in me or more vision for me than I had.
Leslie O'Regan-Yount: So my career path was a little different. I am very much a go-getter. I'm going to go out and grab an opportunity. I'm not going wait for somebody to give it to me. I have never been promoted in my entire career. When I got promoted, it was because I took a different job with a different company. Essentially, I've talked my way into every career move I've ever made.
That has led me to here, where I am the person responsible for all the software and hardware technologies inside American Eagle to get all our products out to our customers or out to our stores.
Ammie McAsey: My career actually started during a college job at DSC Logistics. I worked second shift in the shipping and receiving window, and I just kind of fell in love with it. I was a marketing major. I wanted to move to North Carolina. I wanted to work on race car teams and work for one of those big Roger Penske teams out in North Carolina. Instead, I took my first job in North Carolina to get my foot in the door. And I never left logistics. So whether it's beverages, building supplies, apparel, or now pharmaceuticals, I've just stayed in love with the industry, and it's gotten me where I am today.
How would describe your leadership style and the skills and experiences that helped shape that style?
Ammie McAsey: It's about caring about people, bringing people together, solving problems, and having fun. If you cannot have fun at work, you're missing out. We start all of our team meetings five minutes late. A lot of people say they're going to end five minutes early. Never happens. But if you start five minutes late, those five minutes allow for everyone to just show up, and that's kind of our social, fun time. There's always a good story. So really, it's about understanding your team, caring about them, working together, and just inspiring the best in everyone.
Leslie O'Regan-Yount: I like to be empowering to the people underneath me. I'm not a micromanager. I don't want to know how you're going to get from point A to point B. I'm going to tell you where point B needs to be, and I'm going to empower you to make the decisions necessary to get there. If you fall along the way, that's fine. I'll pick you up. I'm here to guide you, to help you, to throw ideas off. But I don't want to be that micromanaging boss. I want you to make a decision, and I'm going to back your play, right or wrong.
Also [my leadership style involves] understanding what associates want to get out of their career and trying to help them get to those positions, get to those assignments. That’s what makes people want to come back and work for you.
Sherry Harriman: One of the things that I've learned over my career is, it's a circle: lead with support and follow up for accountability. I've been put in positions in my career where I wasn't the expert, and that [philosophy] just became even more valuable. If you've transitioned into a new department or into a new company, focus on finding out what the teams need to be successful at their job and how do we achieve goals together. Then you follow up to make sure that they did what they said they were going to do. I think that's the best leadership model that you can have.
For talent development, it's caring about people, not just what they do, but who they are, and valuing the diversity of thought. Diverse teams sometimes can have the most controversy, because not everyone thinks alike. But if you can learn to absorb and welcome that feedback—whether it's good feedback or challenging feedback—then you will come up with the best solution.
Annette Danek-Akey: If you ever want to learn about your leadership style, work at a company for 28 years and then leave, because that's when people tell you what they're going to miss about you. So as I left [Penguin Random House], I took it as an opportunity to say, “Well, what was it about me?” I really asked for that direct feedback.
What I found is that there's three things. The first thing for me is that people say I'm visionary. And I was trying to think, “Well, why am I visionary?” And I think it’s because I am an avid reader. I read about a book a week, and I read a lot of fiction. If you read fiction books, you have to have an imagination.
The second is that I'm very collaborative, and that’s because you can't get that vision done on your own. You need other people to bring that vision to life.
The third thing is people would say I’m very scientific with a methodology to get things done. I think that's true, because the way that you put that vision or supply chain model out there is to say, “Here's our steps.” I personally like having a process to do something, because then people know what to expect.
How do you help mentor people into leaders who maybe don't have what are seen as traditional leadership characteristics?
Leslie O'Regan-Yount: You're going to find that this new generation coming in, Gen Z and Gen Alpha, have a very different take on social skills. A lot more of them are much more introverted than you would want them to be. So to coach them into a leadership role, you have to look for the strength that they have and then figure out ways to allow them to practice to be confident in a safe space (I know that's a terrible way to put it).
For example, I’ve had a lot of folks who were very nervous about getting up in front of people and presenting. Then you need to practice until you're not, whether it’s practicing presenting to yourself, or to the dog, or to another leader who you're comfortable with. It's a different kind of coaching.
The other technique I always teach them is, you better fake it until you make it. So if you're nervous and uncomfortable, that's okay. Pretend that you're not, and one day you won't be. It worked for me for in consulting for many years.
Sherry Harriman: Something that I found successful is, if you know who's going to be in the meeting, then getting them exposure to those individuals previous to the meeting. So that you're not the only sponsor in that meeting. That’s part of building that confidence quietly through one-on-one conversations with some of the key influencers in the meeting. I’ve found that to be very successful as well.
Annette Danek-Akey: One of the things that I encourage people to do if they're trying to practice leadership skills and especially influencing is to go be on a board at a nonprofit organization or help at CSCMP. Because you have to lead through influence, and no one really knows you. It's not the job; so go practice. I try to convince people to do that when they have the time. You have to have the time to do that, but if you do, you'll get so much out of it.
What can we do as an industry to develop and inspire more women to take leadership positions in the supply chain?
Leslie O'Regan-Yount: My vote is always to start younger. To be fair, if you tell a bunch of fifth graders that there's a career in distribution, they're going go, “What's that?” So, I think in this age of robotics, let’s bring all of this cool technology to the younger generation so they get excited about the shiny toy. And then as they get older introduce them to the rest of the topics.
Sherry Harriman: To tag on to that it's not just moving boxes and driving trucks. Logistics and supply chain is so much more than that. You can have any career that you want to have in supply chain. It's analytical. There's a financial piece, there's a marketing piece. You can find your way in it. We need to get the message out that if you want a career that you can have multiple opportunities, there's no better field than supply chain. You can move from one area to the other and grow your career effectively by doing that.
How do we then help them get up to those higher leadership roles? What sort of programs work, and what doesn't work?
Ammie McAsey: It's finding that diverse talent—women, men, it doesn’t matter. Find good talent and bring them along. Bring them through the door that they don't even know exists. They may not have the subject matter expertise, but bring them along. I love all of the employee resource groups that we do, but sometimes leadership is one person at a time, and then multiply that effect. That person that you pulled through, have that person pull somebody else through. It really becomes the multiplier effect that then starts to create this energy.
Sherry Harriman: One of the things I would add is whatever the diversity, you can never look at yourself as a victim. You've already lost the battle if you're thinking from a victim mentality. Victims oftentimes behave defensively, and you have to take your career offensively to make sure that you make it your own.
And then, it can't be men against women. It has to be men with women and women with men. We have often complementary skill sets, and the only way that we can improve the industry is to have it be all of us working together. It can't be women trying to create our own path of success. It has to be bringing others up, bringing others along, all of us together.
Annette Danek-Akey: I always go really pragmatic on this. I think vacation time and paid time off is just key for everyone. The last two years I've worked in England, and so I now see the difference for real. I've been in your shoes, listening to people saying, “we need more vacation” and thinking well it's different [here]. Yeah, it's different, and two weeks just doesn't cut it. So if you want to have a more diverse workforce, add more vacation time, and I know that's easier said than done.
The concept of using a neutral third party to resolve conflicts between suppliers and customers is not new. Mediation and arbitration have long been considered as more efficient and less costly ways to resolve contractual disputes than litigation. In fact, 2025 marks the 100th anniversary of the Federal Arbitration Act, which allows for contract disputes to be resolved through a private resolution process instead of going to court.
Over the years, the concept of using a neutral has expanded to include more preventive techniques for keeping business relationships healthy and addressing potential contractual misalignments earlier. For example, the construction industry has been utilizing the concept of a dispute review board (DRB) since 1975 to solve issues that arise during major projects, such as cost overruns, schedule delays, and disputes over payment or the quality of workmanship. The DRB is typically a panel of three independent expert advisors who are immediately available to help resolve disputes that arise during the contractual relationship.1 The panel is formed at the beginning of the construction project with the goal of resolving any issues or differences before they become formal claims.
Recently the concept has evolved further into what is now known as a “standing neutral” and has been adopted by companies in many industries outside of construction. A standing neutral is a highly qualified and respected expert, selected by both parties in a business relationship to help them resolve issues and maintain a healthy relationship. This can best be described as a proactive approach where the neutral provides quick, informal, flexible, adaptable, and nonadversarial ways for preventing disputes.
The role of the standing neutral
Unlike a neutral third party used on an ad-hoc basis for dispute resolution in mediation or arbitration, a standing neutral is a readily available “fast response” technique. It is designed to prevent any issues from escalating into adversarial disputes that might otherwise go to mediation, arbitration, or litigation. A key feature is that the neutral is “standing,” meaning it is integrated into the parties' continuing governance structure. Another key concept is that the standing neutral supports the relationship itself and both parties equally; the goal is to ensure the success of the relationship.
Embedding a standing neutral into a contracting party's governance structure can have a powerful impact on the success of the business relationship. The standing neutral provides a helpful "dose of reality" to the parties and encourages them to be more objective in their dealings with each other. When differences of opinion arise, the parties can quickly use the standing neutral as an objective sounding board, obtaining a recommended course of action that is minimally disruptive to the business relationship.
While the classic role of a standing neutral is to serve as a “real-time” issue-resolver throughout a relationship, companies have begun to expand how they have used a standing neutral. The University of Tennessee’s research—which is detailed in the white paper “Unpacking the Standing Neutral”—reveals the creative ways that companies are using a standing neutral.2 For example, some companies are increasing the role of their standing neutral to support annual relationship health checks and even using neutrals as “deal facilitators” to help craft highly complex or strategic outsourcing agreements.
Today, there are many different variations of a standing neutral. Figure 1 shows some of the most common options companies can consider when designing the role and scope of their standing neutral. In the figure, these options are organized across nine design principles or considerations. For an example of how a standing neutral can operate in a real-world setting see the sidebar “Idea in action: EY case study."
Getting ramped up
If you think using a standing neutral would benefit one of your relationships, we suggest going through the following simple stages. It’s important to note that the cost and expenses of the standing neutral are absorbed equally by both parties.
1. Selection: At the outset of their relationship, parties select one person (or three) with whom they trust and have confidence to serve as standing neutral throughout their relationship. A single standing neutral should always be entirely independent. In most cases where there is a panel of neutrals, each party nominates one member, and the two nominated neutrals will select a third member; in such cases, it is typically required that every panel member be acceptable to both parties and that all panel members be independent and impartial, with no special allegiance to the nominating party.
As part of the selection process, the parties formalize an agreement with the standing neutral, which includes determining the standing neutral's responsibilities and authority. The nine design principles in Figure 1 can be used to accomplish this.
2. Briefing: The parties brief the standing neutral regarding the nature, scope, and purpose of the relationship or venture. As part of the briefing, the standing neutral is usually equipped with a basic set of contract materials and supporting documents.
3. Continuing involvement: A key part of designing a standing neutral program is embedding your standing neutral as part of your ongoing governance. For example, we recommend at a minimum that the parties have their standing neutral attend the parties’ quarterly business reviews and lead an annual relationship health check. This enables the standing neutral to meet regularly with the parties to review the progress of the relationship, even if there are no issues.
Alternatively, it is possible to have a
standby neutral (versus a standing neutral). In the case of a standby neutral, the neutral is merely available on an ad-hoc basis to be called on whenever necessary to give an advisory opinion.
Why standing neutrals work so well
Standing neutrals have had a remarkable record—especially for resolving issues before they become disputes. A study of the use of standing neutrals in the construction industry found that, in the vast majority of cases, the parties never look to the standing neutral to make any dispute resolution recommendations or decisions. (And in the small minority of cases where the standing neutral actually makes a recommendation, 95% of the recommendations are accepted by the parties without resorting to mediation, arbitration or litigation.
3)
It may seem counterintuitive that having a standing neutral reduces the likelihood of needing a third party to resolve disputes. But research has found that the presence of others causes people to behave more honestly and reign in unethical behavior such as cheating. These effects are amplified when the third-party observer is knowledgeable in the subject matter of the agreement and in the nature of the agreement.
The establishment of a standing neutral—which appears at first to be merely an efficient technique for quickly resolving disputes—creates a dynamic situation in which the participants change their relationship and their attitudes toward each other. The changes usually are an evolution, rather than a conscious effort. For example, at first it is common for contracting parties to feel they are simply choosing a neutral expert for resolving conflicts between them promptly. However, as the standing neutral interacts with the parties during ongoing governance forums, the parties develop a greater sense of confidence in the standing neutral's ability to quickly alleviate friction in the relationship. When this happens, the parties shift their view of the standing neutral from “dispute-resolver” to one of “sensible sounding board.”
The presence of a standing neutral also encourages teamwork and improved performance by all parties. The contracting parties become incentivized to concentrate on “fixing the problem” rather than “fixing the blame,” and use their mutual knowledge to solve the problem rather than relinquishing control to the neutral. A side benefit is when the parties construct their own solutions to problems, they often increase their trust and confidence in each other's abilities, which ultimately strengthens the relationship. For these reasons, the standing neutral serves as not only a standby dispute resolution process, but also as a remarkably successful dispute prevention process.
Notes:
1 For more information see A. A. Mathews, Robert J. Smith, Paul E. Sperry, and Robert M. Matyas, Construction Dispute Review Board Manual, (New York: McGraw-Hill, 1996): p. 10