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... relationships between the disputants. By assisting them in resolving their problem, the manager can facilitate constructive handling of conflict situations that may go well beyond the current problem. Through mediation, entities have the opportunity to re-establish trust which had been lost throughout the dispute in order to maintain close-knit working relationships now, and in the future. Emphasis On Compromise Mediation also fulfils the function of emphasising and inhibiting compromise in a dispute. The mediator can exert several influential strategies that will ascertain compromise for disputants.
Provis (1997) puts forward several tactics to achieve this objective. For Example, making substantiate suggestions for compromise, press on or both of the parties to change their bargaining positions or their expectations for settlement, strongly criticising one or both of the parties for intransigent behaviour Guyatt (1999) supports this claim by advocating that the mediator will stress to both sides the importance of accepting the need for compromise in order that a successful agreement can be engineered. The mediator is skilled at suggesting creative solutions which meet part, although not all, of each sides aspirations and which can often result in both parties being able, at the end of the day, to continue with, or even expand upon, their pre-existing commercial relationship. The ability to demonstrate compromise reinforces to disputants that the objective of the mediation process is to establish a win-win outcome.
Development of a Problem-Solving mentality It can be safely said that mediation offers disputants with the opportunity to resolve the dispute on their own. Without mediation, it would beverly difficult to gain a mentality that was problem solving driven. In most circumstances, the dispute would escalate and disputants would be fighting over positions and develop an attack-defend mentality. However, through communication and negotiation, disputants can readily adopt a Problem Solving mentality with a commitment to resolving the issues behind the conflict. Wan (1999) supports this claim by believing that in general, mediation is therefore a cooperative, problem-solving process, and designed to help the parties find constructive solutions to their problems rather than enforcing legal rights. For example, a mediator can acknowledge a suggestion and emphasise that it is relevant and important.
Through active employee participation in mediation proceedings, the disputants can adopt a problem-solving strategy which attacks the issues and attempts to resolve them. Lewicki, Saunders and Minton (1998) argue that to resolve the dispute- the major difference is that mediation seeks to achieve the objective by having the parties themselves create the agreement. In order to assist disputants in establishing a problem-solving approach, mediators can creatine salience in the options that are brought forward throughout the proceedings. For example, the use of phrases like yes, thats is important, why dont we discuss it further or that is also relevant can ensure that the views of all parties are taken seriously. In addition, this provides a stimulus to increase the level of communication. Mediation In Collective Bargaining Collective bargaining disputes are not a new concept in Australian Industrial relations.
Industrial action such as lockouts and strikes are two forms of activities that have commonly been used because of a failure to provide an adequate agreement. Often, industrial action has resulted from legislation being handed down to employees with the terms and conditions already determined. Sisson (1986) believes that determining collective bargaining arrangements involves two aspects. First, the rules can either be made by the parties themselves or they can be imposed by the state in the form of legislation; and second, in those cases where they are made voluntarily, the rules can be treated as gentlemen's agreements, binding in honour only, or as legally enforceable contracts. Mediation can be called upon to provide an alternative means to determine the terms and conditions of employment.
Through mediation, employees can have the opportunity to voice suggestions and opinions regarding certain aspects of the employment relationship. Mediators can adopt a strategy of promoting an integrative result which allows both employees and management to gain. In doing so, mediation can allow disputants to resolve their collective bargaining issues in a way that promotes joint utility. Conclusion Many commentators, when dealing with the area of alternative dispute resolution, emphasise mediation. Mediation has become increasingly used as an informal tool to resolve conflicts in the workplace. One of the main objectives of this essay was to distinguish how mediation has gained a greater exposure in industrial dispute resolution.
Mediation promises a direct, less adversarial approach to resolve disputes whilst preserving working relationships at minimal time and expense. Through mediation the onus is on establishing a win-win resolution rather than arbitrations objective of choosing one argument over another. Mediation also emphases several other benefits that can be capitalised upon whilst in dispute resolution proceedings. The need for compromise and enhanced communication has the potential to span well into future issues or disputes. This will enable disputants to effectively manage conflict in the long run. Mediation also promotes and encourages the development of a problem solving mentality.
Not only will this assist mediators in efficiently reaching a solution, however, it can also be useful in all other areas of work. Through mediation, the arduous task of determining collective bargaining arrangements can be executed more effectively. Through using the tactics like promoting communication and compromise, employees, management and unions can adequately determine collective arrangements without the requirement of industrial action or other forms of conflict. On the whole, mediation provides managers with an alternative form of dispute resolution that offers the opportunity to maximise joint utility. This process should be looked upon as the primary way to resolve disputes now, and in the future. Reference List Beach, D. (1980) Personnel: The Management Of People At Work Macmillan Publishing, New York.
Cohen, C. (1999) When Managers Mediate... Stuck in the middle with you Dispute Resolution Journal Vol. 54 Issue 3 pp. 65 - 69; New York Feuille, P. (1992) Why Does Grievance Mediation Resolve Grievances? Negotiation Journal, 8, pp. 131 - 145 Fisher, R. & Ury, W. (1981) Getting To Yes Hutchinson, Great Britain Fulton, M. (1989) Commercial Alternative Dispute Resolution The Law Book Company Ltd, Sydney Guyatt, A. (1999) Call in... the mediator Credit Management; Stamford; Jan pp. 28 - 29 Lewicki, R. Saunders, D. Minton, J. (1998) Essentials Of Negotiation McGraw Hill, USA.
Meyer, P. (1979) Disputes and Negotiations; A Cross Cultural Perspective New York Academic Press, New York. Plant, D. (1997) New Ways To Resolve IP Disputes International Commercial Litigation December pp. 43 - 46; London Provis, C. (1997) Mediation and Conciliation in Industrial Relations: Reflections From Australia Labour Studies Journal, Winter, Vol. 21, No. 4. pp. 81 - 101 USA Today (1994) Mediation: The pursuit of compromise Vol. 122 Issue 2586 pp. 38 - 40; New York. Sisson, K. (1986) A Comparative analysis of the structures of collective bargaining In Alternatives To Arbitration edited by Brand & Niland Allen & Unwin, Sydney V essenes, K. (1996) Mediation: The win-win solution Journal of Financial Planning; Oct. Vol. 9 Issue 5 pp 18 - 20; Denver Wan, P. (1999) Mediating family property disputes in New Zealand Dispute Resolution Journal; Vol. 54 Issue 3 pp. 70 - 79; New York
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Research essay sample on Alternative Dispute Resolution Collective Bargaining
