Introduction
Fact finding, mediation, and interest arbitration are 3 techniques of reconciling stalemates in the process of impasse resolution. These techniques include the presence and contribution of a 3rd party. The third party could be an individual who is unbiased towards the views of the groups involved in the resolution process (U.S. Dept. of Labor, Labor, 2010).
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"Impasse Resolution: Mediation, Fact Finding, Interest Arbitration".
Mediation
Mediation is a conflict resolution procedure involves the sorting out of disputes between different sets of parties or groups. Mediation is often carried out where there may be two or more sets of opinions and where these opinions may be in conflict with each other. In such a scenario, a mediator is called to resolve the differing views in order to enhance harmony and understanding among the different parties or groups. Mediation is utilized in all aspect of our lives, from the time we are born. We develop mediation skills in order to achieve what we want even in situations where there may exist opposing forces. Using mediation skills, neighbours are able to co-exist in peace and harmony. The role of the mediator is to recommend ways in which reconciliation may be achieved, but he holds no control on whether these recommendations may be accepted. The process of mediation mostly arises, after negotiation between the two parties has not been accomplished, within a set duration of time. It can also arise when the difference between the two parties is still existent at the time preceding the expiration of the collective agreement. The process of mediation offers both parties, a chance to voice their own interests applicable to the dispute at hand. Mediation employs several steps where the mediator and the differing parties use laid down rules, requiring every individual to work together for faster resolution of the dispute (Billings, & John, 1974).
Fact finding
Although fact finders have greater influence than mediators in the determination of elements and suggestion of solutions, the disputing parties are not bound by any of these suggestions. The process of fact finding also involves a component of mediation. In the final report, a fact finder takes into account the interests of both parties (Burpo, 1971).
Interest Arbitration
In interest arbitration, the arbitrator suggests solutions that are bound by law regardless of the interests of the disputing parties. Under interest arbitration are 3 categories:
Conventional: In this category the arbitrator has the liberty to award, however he deems fit.
Final Offer (issue by issue): under this category, the arbitrator awards as per the issue raised by the disputed parties (Chickering, 1976)
Final offer (package): Under this category, the arbitrator issues out the full award on one party with regards to the impasse brought to the fore
Examples
Mediation: A construction worker fell out with his employer over the completion of a construction project. Works had been halted when the construction worker’s salary was withheld and a stalemate created. The mediator discussed with all the parties in a confidential manner regarding the important issues and what was needed in order for construction work to progress. In the course of the discussions, the mediator noticed that both parties appreciated the value of the working relationship that they had enjoyed for long and the fragility of trust that they had between them. The employer had withheld the salary of his worker because of the extra cost that he had incurred in buying construction material that apparently was “missing”.
The mediator was able to identify that this step was done without notice to the construction worker, and thus he was shocked when the payslip came with deductions. On the part of the construction worker, the mediator was able to deduce that the “missing” materials were used up as the previous cost estimations were founded on erroneous data. Hence, the current project required more material (paint, interior fittings) than was earlier suggested. The major issue here was that this was not communicated in time to his employer and thus the employer assumed that his worker was stealing materials from the site. The mediator brought the two parties together where they were able to voice their explanations to each other directly.After clarifications had been made, both felt better and were ready to “bury the hatchet and work together again.
Fact Finding: Following a walk out by three hundred and twenty teachers on October 1, 1991 that affected over four thousand, eight hundred students in William Penn School. Two fact finders were appointed by the Pennsylvania Labor Relations Board, to hear and resolve the issues affecting the school board and the teachers union. The fact finders were to submit a report within forty days of their first day of fact finding. The issue concerned the teacher’s contract dispute. Each side had a chance to state their case, and were also given ten days to either agree or reject to the recommendations. Although the school board preferred mediation, the teachers union were more eager on Fact finding regardless of the long time that it took to get a solution. Eventually, the impasse was resolved after the school ordered new contracts for the teachers, under different terms and conditions.
Interest Arbitration: Following protracted court battles, interest arbitration was carried out for police and firefighters from the new state department. A collective bargaining agreement was reached, and the effects were that there were no strikes after the implementation of recommendations of the interest arbitration.
- Billings, Richard & John Greenya, 1974. Power to the Public Worker. Washington, D.C.:
Robert Luce. - Burpo, John. 1971. The Police Labor Movement: Problems and Perspectives. Springfield, Ill: Charles Thomas.
- Chickering, Lawrence, ed. 1976. Public Employee Unions: A Shuj, of the Crisis in Public
Sector Labor Relations. San Francisco: Institute for Contemporary Studies. - U.S. Dept. of Labor, Labor-Management Services Administration ,2010. Summary of Public Sector Labor Relations Policies. U.S. GPO, Washington, C.C.
