Investigation

Are you facing team issues without clarity on facts, perceptions, and perspectives? Is the situation too sensitive or complex for internal resolution? 

 

As an independent external investigator we work with your stakeholders to collect evidence that will enable you to make an informed decision on next steps.

 

We operate on a practical and pragmatic level. Our investigation work is usually complemented by (your internal) legal expertise to ensure our approach and findings are sound and defensible, and to minimise any risks the steps you take are unlawful.
 

APPROACH

 

We split our investigation work in 4 phases:

Phase 1:

We qualify the situation to decide if an investigation is appropriate:

  • Are there conflicting (opinions of) facts?

  • Are specific details included in any allegations?

  • Are clear legal definitions known for labels used in any allegations?

  • Are interpersonal issues already dealt with? 

If any of the above 4 questions cannot be confirmed, we need to discuss if our coaching or mediation or conciliation services are perhaps more appropriate than our investigation services.

Phase 2:

We plan the investigation to create consensus on the approach:

  • Scope the investigation

    • 'what' - past, present, and future

    • professional team (legal, content) we may work with

    • expected output (facts, perspectives, recommendations?)

  • Confirm any applicable guiding policies and procedures

  • Design the investigation process to ensure procedural fairness (the 'how')

    • ​guarantee health and safety of all participants

    • control stakeholders' conduct during the investigation

    • mitigate and manage any other risks to your business

  • Select participants (the 'who' - subjects, objects, witnesses) and confirm they are available (physically, mentally, and emotionally)

  • Clarify our reporting lines for the investigation, both internally and where appropriate to external authorities

  • Draft a time plan, acknowledging that delays may occur

  • Confirm suitability of Clarity Counts to participate in the investigation based on knowledge required, skills required, and confirmation of our independence (absence of conflict of interest, actual and perceived)

  • Confirm that as a client you decide on an appropriate confidentiality framework, and any principles and (communication) rules for participants in the investigation.

Phase 3:

We execute the plan:

  • Formulate questions to ask specific participants during the investigation on past events, present status and future options (facts; and alternative explanations of any breaches of duty of care, intent, perceptions, interpretations, and impact)

  • Decide on information needed to be shared with each participant to facilitate answering the questions

  • Schedule and conduct activities including interviews with participants, allowing for responses and counter responses.

Phase 4:

We report our findings:

  • In writing: 

    • confirmation of task scoping, process, background information, allegations and responses

    • elicited facts as shared perceptions

    • evidence for balance of probabilities for non-shared perceptions, clarifying (non-)substantiation of any allegation or suspicion 

    • when appropriate: our recommendations based on findings, aiming at a constructive outcome for the organisation and individuals involved

  • Verbally:

    • review of written report with your decision maker(s) to ensure our findings are understood.

It is important to acknowledge that our reporting will never be complete in relevant historical context and other mitigating factors that may be important complementary input to your decision making.

PROCESS

 

Usually the investigator meets with the client sponsor (you) for an initial free, confidential, no obligation discovery and scoping meeting. This informal meeting may be face to face or by phone to assess if and how we might be a good match for each other. In this meeting we also discuss the current challenges you face, and mutual expectations in relation to focus, approach, duration, fees, and other relevant aspects of our involvement. 

 

If we decide to proceed we confirm our agreement in writing. During our involvement you have unlimited access by phone and email to your investigator.  

 

EXAMPLE CLIENT CHALLENGES 

 

  • Dysfunctional team

  • Complaint/allegation

  • Incident/injury

  • Suspected bullying/harassment

  • Suspected fraud

 

NEXT STEP

 

Contact us today to arrange a free, no obligation, confidential discovery meeting, or explore our other services