Taking Neutrality Seriously

One of the key reasons why an organization hires an outside workplace investigator is to obtain an objective view of the matter at hand. If the participants feel that the investigator has truly approached the issue with an open mind, the legitimacy of the process will be strengthened and the risks of litigation will be lessened. The employer will be able to rely on the investigation results with confidence.

I take my role as a neutral very seriously. At the outset of every engagement I ensure that I do not receive opinions about the merits of the complaint under investigation from the individuals responsible for engaging me. I don’t want to be influenced by such judgments and the communications may well be subject to discovery, so this protects against any argument that could later be made to undermine the investigation. I work hard to withhold my judgments about the matter under investigation until I’ve talked to the last witness and looked at the last document. The initial picture that you get in an investigation can change dramatically based on unexpected revelations from subsequent witnesses or additional documents. Finally, I establish rapport with witnesses, while at the same time leaving no doubt about my independence and neutrality.