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CB205 FINAL STUDY SHEET Chapter 9: DISPUTE RESOLUTION PROCEDURES - Mediation - neutral party assists the union and management negotiators in reaching a labor agreement. He has no power to impose a settlement and only acts as the facilitator. - Mediation is more commonly used in the public sector. - The Dynamics of Mediation in Traditional Bargaining - The Initial Stage: Gaining Acceptability o Mediator is concerned with achieving acceptability and identifying the issues in the dispute, the attitudinal climate bwteen parties, and the distribution of power o Bonds of trust and credibiltty can be established o Biggest challenges to mediator are: 1) to accureately diagnose the nature of the dispute and the obstacles ahead 2) to get something started that will create a movement towards the final goal - The Middle Stage: Probing for Potential Compromises o Begin an exchange of proposals and test for potential areas of compromise o If he tries to move the aprties towards a settlement prematurely his credibility can be lost o Moves towards the bottom-line for each party - The Final Stage: The Push to Compromise: o tries to get each side to face reality and adjust their occupation - Mediation in Interest-Based Bargaining o Role of mediator in interest-based bargaining is that of a facilitator, teacher, or coach o Successful to use interest-based techniques when: 1) when the parties have other elements of a cooperative relationship already in place and want to take it to the next step by carrying problem solving into the bargaining process 2) if the parties don’t solve a problem they face, there will be serious consequences Fact Finding - fact-finding- the process through which a neutral party analyses and then conveys the facts of a lab- management dispute. Used frequently in the public sector, but rarely in the private - fact finder makes recommendations of what he believes is an appropriate course of action for resolving impasse. - Fact finding is premised on the hope that recommendations and neutral report will put pressure on the parties to accept the recommendations of the fact finder - Fact finding is less effective in overcoming serious disputes casued by a large gap between the expectations of oen party and the bottom-line position of the other. - PP: the neutral has more power than a mediator, but less than an arbitrator - PP : hears the case as an arbitrator, issues an opinion, but the parties are not obligated to abide Interest Arbitration - interest arbitration- the binding determination of a collective bargaining agreement by a third party called into play after labor and management have reached impasse, rarely used in the private sector but used extensively in the private sector - PP: Arbitrator is given the authority to determine the provisions of the collective bargaining agreement - PP: used in public sector; professional sports, public transit and utilities industries - NLRA gives labor and management the right to strike over impasses and thereby avoids the use of interest
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This note was uploaded on 02/27/2008 for the course ILRCB 2050 taught by Professor Givanr during the Fall '06 term at Cornell.

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