NCJ Number
117202
Date Published
1989
Length
203 pages
Annotation
A case study approach is used to illustrate the mediation process in a labor-management dispute.
Abstract
Most of what a mediator does encompasses two basic tasks, problem definition and problem resolution. Issues raised are drawn from the authors' mediation experiences. It is shown that techniques used in the labor-management dispute can be applied successfully to the mediation of commercial, environmental, family, and other disputes. Various processes for conflict resolution are defined, including force, negotiation, arbitration, and courts. Although mediation represents only one approach to dispute settlement, there is no question that negotiation is the best way to solve problems. Unassisted negotiation, however, does not always succeed. When negotiation does not solve a dispute, mediation is the next most desirable process because it brings with it all of the same benefits as negotiation. Any dispute resolution must be satisfactory to all concerned. Since court outcomes are not certain, making litigation risky, mediation is often preferable since it produces a solution that is agreeable to everyone. Appendixes contain tabular data pertinent to the case study.