NCJ Number
102676
Journal
Labor Law Journal Volume: 37 Issue: 8 Dated: (August 1986) Pages: 515-520
Date Published
1986
Length
6 pages
Annotation
This article reviews the benefits of mediation in resolving disputes and notes some new approaches in mediation, particularly in the work of the Federal Mediation and Conciliation Service.
Abstract
Mediation keeps dispute resolution within the management control of the disputants while using a neutral third party to reduce the abrasiveness of direct negotiations between the parties, facilitate communication between the parties, and offer helpful suggestions for resolving the dispute. Mediation is less expensive than litigation and avoids delays typical of the formal court system. Mediation is being increasingly used to address any unresolved negotiation, whether or not the negotiations have escalated to severe conflict. Mediation is used to minimize, eliminate, or prevent conflict. The Federal Mediation and Conciliation Service provides what it calls 'preventive' mediation, which offers parties in regular negotiations, such as management and labor, with joint or separate training on subjects relating to their negotiating relationship. Mediation has also expanded into new areas of social conflict. In recent years, the Federal Mediation and Conciliation Service has mediated problems arising under the Age Discrimination Act, and in some States, parties to a divorce proceeding are first referred to a mediator to attempt reconciliation; and when this is not possible, to facilitate agreements on property rights, child custody, and other divorce issues. Consumer complaints and tenant-landlord disputes have also been subjected to mediation.