NCJ Number
94129
Date Published
Unknown
Length
410 pages
Annotation
This text analyzes the role of mediation in labor-management dispute resolution, covering mediator selection and training, mediation practices, crisis bargaining, and extraordinary mediation forums.
Abstract
Following an overview of the collective bargaining process, the book defines mediation as compared to arbitration and presents basic data on the profession. It notes that fewer than 500 full-time mediators work in the United States, employed primarily by State and Federal agencies. Mediators' educational requirements and experience are examined, along with the selection process, salaries, and training. The author discusses three principal mediation functions in crisis bargaining: developing procedures, facilitating communications, and contributing to the substance of a dispute settlement. He also addresses whether mediation assistance should be used, at what stage of the dispute, how, and by whom. The section on crisis bargaining first details internal and external factors that influence the collective bargaining process and reviews common elements and diversities in bargaining situations to demonstrate environmental aspects which the mediator must consider. The section on mediation in emergency disputes covers national emergencies where the public interest may supercede the private interest, factfinding panels, and wartime and special purpose agencies. Additional mediation forums described include mediation of grievances, noncrisis dialogue and preventive mediation, and public employee disputes. The appendixes contain statistics on mediation agencies and mediators, a description of the selection process used by the Federal Mediation and Conciliation Service (FMCS) from 1961 to 1969, a code of professional conduct for labor mediators, and a 1964 report by the National Labor-Management Panel on the FMCS. An index is provided.