Chap9 - BUS353-01 CHAPTER 9 Resolving Negotiation(Interest...

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BUS353-01 CHAPTER 9 Resolving Negotiation (Interest) Disputes and the Use of Economic Pressure I. Impasse-Resolutions Involving a Third-Party Neutral A. Mediation B. Interest Arbitration C. Fact Finding D. Med-Arb II. Mediation A. Sources 1. Federal Mediation and Conciliation Service (FMCS) 2. state agencies / private B. Mediator Authority 1. no binding authority 2. must rely on persuasion 3. no pre-determined set of rules to successfully resolve differences 4. in contrast, an arbitrator has a. final and binding authority b. more power c. more responsibility C. Mediator Activities 1. does not bargain for one side as opposed to other 2. does not favor one side over the other 3. does not take sides 4. invited guest who can be required to leave if one or both parties no longer desire mediation D. Mediator Applies Pressure 1. placing responsibility on the parties 2 using delays / deadlines 3. engaging in marathon bargaining sessions 4. holds separate meetings with each party a. maintains neutrality b. maintains confidentiality E. Mediator Roles 1. procedural a. schedule / call / adjourn meetings
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2. communications a. conduct separate meetings b. discover must items / resistance points c. understand reasons for parties positions d. offer ‘supposals’ 3. substantive a. recommend solutions to parties / avoids III. Interest Arbitration A. Procedure 1. UN and ER at impasse refer unresolved issues to interest arbitrator 2. arbitrator conducts hearing 3. receives evidence 4. makes final and binding decision within the parties’ proposals
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Chap9 - BUS353-01 CHAPTER 9 Resolving Negotiation(Interest...

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