Burden of Proof Shift

Tactics of Organizational PoliticsMeetings and ProcedureA borderline tactic

Proponents ask critics to back their objections with evidence while the change proceeds under the sponsor's authority, so the work of proving falls on whoever wants to stop it.

Borderline: whether this move is justified depends on the situation, and only the person in it can judge.

An example

When an oilfield services company decided to replace six regional dispatch offices with one central control room, the executive sponsor heard the same objection from every region: central dispatchers would not know the local roads. She said the program would proceed on its approved schedule and that any region with evidence of a specific risk should bring it to the steering committee within a month. She also circulated the business case, including its main assumption, a 30 percent cut in dispatch costs, and where that figure came from. A regional operations manager in West Texas brought two years of job tickets and weather records showing that lease roads flooded in predictable places. The committee added a local routing layer and a rainy-season review. The other regions brought no evidence, and the consolidation went ahead in the spring.

Why it works

Setting who must prove what decides most contests. Letting the change proceed under existing authority makes it easy, since the sponsor does not have to rebuild the case for every doubt, and asking critics for evidence makes objecting cost something, so vague concerns lose their value against a moving program. A request for specific evidence by a deadline also sorts objections, because real risks can usually be shown. It works when the sponsor holds the authority, the critics have access to the data they would need, and the standard asked of them is one they can meet.

The thinking behind it

William Samuelson Samuelson and Zeckhauser's Status Quo Bias in Decision Making (1988) found that options framed as the current state are chosen disproportionately often, and that whoever defines the status quo has an advantage before debate begins. Letting the change proceed under existing authority makes the change itself the status quo. Critics must then argue to stop something already moving, which is why the burden of evidence lands on them.

Richard H. Thaler In Nudge: Improving Decisions About Health, Wealth, and Happiness (2008), Thaler and Sunstein call defaults the strongest feature of choice architecture: whatever happens when nobody acts is what most people end up with. Here the default is that the program continues. The sponsor does not have to win each argument, only to prevent a decision to stop, which is why a critic's best answer is a pilot with agreed success criteria, a default that ends unless results arrive.

When it fits

Sponsors with approved authority to proceed, facing general resistance more than specific evidence, can use it. You need a business case you are willing to show, and critics who could produce evidence if their concern were real. It suits programs that are already approved and funded.

How to use it well

Keep the program moving on its approved authority, and say so plainly.

  • Invite critics to bring evidence of specific risks, to a named forum, by a date.
  • Say what kind of evidence would change the plan.
  • Give them access to the data they need.
  • Publish your own business case and its main assumptions, so the comparison is fair.
  • Change the plan where the evidence warrants it, and say who brought it.
  • Set a review date after launch, where new evidence can still change the plan.

Adopting a well-evidenced objection strengthens your hand on the rest.

What it costs and where it backfires

Critics will say the standard is lopsided, and sometimes they will be right: a future failure is hard to prove in advance, and a real risk dismissed for lack of proof can come back as an incident with your name on it. The move goes too far when the standard is set so that no critic could meet it, when critics are denied the data they would need, or when the weaknesses in your own case are kept from the people deciding, which is concealment.

When it is used on you

Asked to prove a change will fail, request in writing that both sides meet the same test: what evidence would show the plan is working, which assumptions it rests on, and who checked them. Propose a pilot with agreed success criteria, and take an impossible standard to someone with standing outside the program.

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