poor, beggar, ethics, poor, beggar, beggar, beggar, beggar, beggar, ethics. Which ethical frameworks tools actually force the cost onto the page?
Photo by pascualamaia on Pixabay

Guides

Part of Four ways to justify a decision, how to tell which one is in the room, and where each fails

Which ethical frameworks tools actually force the cost onto the page?

Six named tools that force decision costs onto the page, what each one catches and misses, and what to ask before buying compliance software.

A decision with an ethical dimension is one where somebody bears a cost so that somebody else gains. Ethical frameworks tools earn their place only if they make you write down who that is, before the decision is made.

Six named tools do this:

Tools

  • Giving Voice to Values, run by the Ethics & Compliance Initiative
  • the Markkula Center's five-step framework
  • the DOJ's compliance evaluation questions
  • the Rotterdam School of Management's moral courage method
  • the Institute of Business Ethics' decision tree
  • the pre-mortem, as described by Gary Klein

Below is what each one is, what it catches, what it costs, and what it will not do.

What to take away

  • Giving Voice to Values, from the Ethics & Compliance Initiative, rehearses the objection before the meeting, so the person bearing the cost has a script rather than a hope. The method comes from Mary Gentile's 2010 book of the same name.
  • The Markkula Center's five-step framework forces you to name the people on both sides of a decision, in writing, in under an hour. It is free and runs about two pages.
  • The DOJ's compliance evaluation questions are the only tool on this list a regulator will read back to you. They ask whether a program works in practice, not on paper.
  • The Rotterdam method and the IBE decision tree both force the commercial recommendation to be argued against, by a named person, on a deadline. The IBE tree is a free one-page PDF from a London charity.
  • Each of the six makes avoiding the question harder, which is the most any tool can do.

The four criteria

It forces the cost onto the page. A form with a box marked "stakeholders considered" fails. A form with a column headed "who is worse off if we proceed, and by how much" passes.

Four tests for ethics tools

  • Forces the cost onto the page
  • A junior can run it
  • Survives a hostile reader
  • Costs less than the decision

A junior can run it. If the tool needs a senior person's judgment to operate, it is not a tool, it is that person. The test is whether someone two years into their career can produce a usable output.

It survives a hostile reader. Assume a regulator, a journalist or a plaintiff's counsel will one day read the output and want it to look bad.

The DOJ tells prosecutors to ask whether a compliance program is well designed and whether it works in practice rather than on paper, which is the standard in the Department of Justice's guidance on evaluating corporate compliance programs.

It costs less than the decision. A half-day workshop to settle a supplier's payment terms is theater. Ten minutes on how customers will be charged for three years is cheap. Four of the six tools below are free to download. The two paid ones are training, not software.

Six tools that pass

Giving Voice to Values

Mary Gentile built this method at Babson College and published it as a book with Yale University Press in 2010. The Ethics & Compliance Initiative now runs it as a training program.

Participants take a value they hold, write the objection they would raise at work, and rehearse saying it out loud to a partner who pushes back.

It is the only tool here aimed at the person who already knows the answer and cannot say it. The first time you raise a cost objection should not be in the room where it counts, so the rehearsal carries most of the value.

ECI, a membership body based in Vienna, Virginia, sells the curriculum and runs open sessions. Pricing is on request. The paperback book is the cheap entry point, typically under $30.

The Markkula Center framework

Santa Clara University's Markkula Center for Applied Ethics publishes a five-step sequence: recognize the issue, get the facts, evaluate the options, make a decision, act and reflect. Step three is where the cost lands, because it asks which option produces the most good and least harm, and to whom.

It is free, about two pages, and the best starting point for a junior analyst with no philosophy training. The center posts case studies and other free material alongside it.

Its weakness is that it is a lens, not a form. Nothing in it forces a name into a cell, so pair it with a written ledger.

The DOJ evaluation questions

The Criminal Division's guidance, Evaluation of Corporate Compliance Programs, last revised in March 2023, sets out three questions prosecutors ask about a compliance program: is it well designed, is it applied in good faith, and does it work in practice.

Each carries sub-questions about risk assessment, training, incentives, and whether the program has been revised after a failure. Prosecutors weigh the answers when deciding charges, negotiating resolutions and selecting monitors.

This is the only tool on the list with a reader who can subpoena you. It is not a decision aid, it is a standard. Its value in a meeting is that it converts "we feel good about this" into a list of things an outsider will check. The document is free to download.

The March 2023 revision is the latest published version at the time of writing, and the Criminal Division posts any later update on the page linked above.

The Rotterdam moral courage method

Researchers at Rotterdam School of Management, the business school of Erasmus University, teach a four-part sequence for ethical decisions under commercial pressure: identify the dilemma, weigh the interests, choose, and then defend the choice to a skeptic. The defense step is the one that forces cost onto the page.

It suits managers who must decide and then explain the decision upward. The method is published in academic form, and business schools license the workshop version, typically a half-day to two-day session.

There is no public price list for the workshop. The academic version appears in peer reviewed journals, which a library subscription or an interlibrary request reaches at no cost. The licensed workshop is quoted per organization, and the fee depends on participant numbers and session length.

The IBE decision tree

The Institute of Business Ethics is a London charity that has published on business ethics since 1986, and its Ethics at Work survey tracks employee attitudes across countries.

Its decision tree is a free one-page PDF that walks a user through four questions about the decision:

  • legality
  • consistency with the code
  • effect on stakeholders
  • how the decision would read if published

The publication test is the sharpest step in it. It is a one-page PDF, which is both its strength and its limit. A tree that fits on a page cannot carry much, but anyone can run it in ten minutes, and it names the disclosure question explicitly.

The pre-mortem

Gary Klein, a cognitive psychologist who studied how people make decisions under time pressure, described the pre-mortem in Harvard Business Review in September 2007. The instructions: before deciding, assume it is a year later and the decision has become a public embarrassment. Each person writes, alone, for two minutes, what went wrong. Then the room reads them out.

The alone-and-in-writing part is not optional. Spoken pre-mortems are dominated by whoever speaks first and by what the most senior person seems to want. Written ones surface the objection the quiet person has been sitting on. Klein's earlier book Sources of Power (1998) covers the decision research behind the method.

What each tool will not do

Catches

Giving Voice to Values
The objection the person already holds
Markkula framework
Options nobody weighed
DOJ evaluation questions
Gaps a prosecutor would find
Rotterdam method
Choices defended badly under pressure
IBE decision tree
Decisions you could not defend publicly
Pre-mortem
The objection someone is sitting on

Misses

Giving Voice to Values
People who do not yet see a cost
Markkula framework
Costs nobody in the room can see
DOJ evaluation questions
Decisions no rule covers
Rotterdam method
Cases where the commercial answer is right
IBE decision tree
Decisions you could defend but should not make
Pre-mortem
Risks nobody has imagined

The last column matters. None of these tells you what is right, so you need a way of reasoning, and a compact introduction to the standard ethical lenses from the Markkula Center is a better starting point than any form.

In cash, four of the six are free: the Markkula framework, the DOJ guidance, the IBE tree and the written pre-mortem. Giving Voice to Values and the Rotterdam workshop are paid training, quoted per organization rather than per seat.

The reasoning itself is covered in ethical frameworks, and the shapes these conflicts take in ethical dilemmas.

If you are evaluating software

Vendors sell case management, policy attestation, training delivery, hotline intake and dashboards. Some of it is useful for running a program at scale. Almost none of it improves a single decision.

Three questions for vendors

  • A decision where output changed the choice
  • What happens to a report at intake
  • Can numbers be hidden from bonus-holders

The three questions below follow the same test as the DOJ guidance named above: does the tool work in practice, not on a feature list.

Evaluating software

  • Whether the product can show who changed a case record, a policy answer or a training completion, and when. Without a dated audit trail, the system will not support an investigation or a prosecutor's request.
  • Whether the output can leave the system in a form an outsider can read. If the only export is a screenshot or a slide, the record will not carry weight with a regulator or opposing counsel.
  • Whether the product can hide numbers from the people whose bonuses depend on them. If it cannot, the numbers will be gamed within a year, for the reasons covered under ethics training programs and the wider reporting problem in corporate responsibility.

The names repeat across most shortlists. NAVEX sells EthicsPoint, one of the hotline and case management systems large employers use. OneTrust bought Convercent in 2021 and folded case management into its privacy platform. LRN sells training catalogs and publishes the annual Ethics & Compliance Program Effectiveness Report.

EQS Group sells the Integrity Line whistleblowing system used widely in Europe. GAN Integrity sells third-party risk and case management software to mid-size companies.

Hotline and case management platforms typically run from about $3,000 to $20,000 a year for a few hundred employees, then quote per employee above that. Training catalogs are commonly licensed for roughly $10,000 to $50,000 a year.

Those are typical ranges, not list prices. Headcount, languages and investigation workflow drive the number. European Union whistleblowing rules require internal reporting channels at employers with 50 or more staff, which makes intake the most commoditized part of the market.

Where the product touches personal data, reporting channels or investigations, the legal position differs by country and sometimes by state. Have counsel review the configuration before it goes live, not the contract after.

Monday

Pick the next decision on your desk that has a right-hand column. Run the Markkula framework and the pre-mortem on it. Together they take under half an hour, and by the end of the week you will know whether your organization has a decision problem or a paperwork problem. Most have the first and buy tools for the second.

Common questions

Do we need all six?

No. Start with the Markkula framework and the pre-mortem, which between them catch most of what the others catch. Add Giving Voice to Values once you have people who see the problem and stay quiet, and the IBE tree once you need something a plant manager can run in ten minutes.

Who fills the forms in?

The person proposing the decision, not a compliance function. A ledger written by someone who wants the answer to be yes is more honest than it sounds, because the right-hand column is where their case will be attacked, and they know it.

What if the vendor's product does all of this?

Then it is a good product. Ask for the three things above anyway. A product that does the work will have the examples; a product that stores the work will have a feature list.

What does this cost?

The four free tools cost staff time, about half an hour for a first pass on one decision. Software is the other line item, typically $3,000 to $20,000 a year for intake and case management at a few hundred employees.

More in Guides

Latest from Costs Desk