Labor Relations in a Globalizing World by unknow

Author:unknow
Language: eng
Format: epub
Tags: Labor, Labor & Industrial Relations, Labor & Employment, Political Science, Business & Economics, Law, General
ISBN: 9780801455513
Google: 0TLVBgAAQBAJ
Goodreads: 55825846
Publisher: ILR Press
Published: 2015-02-25T00:00:00+00:00

The Middle Stage: Probing for Potential Compromises

Once the mediator overcomes the initial stalemate, the next step is to begin an exchange of proposals and test for potential areas of compromise. At this point it is crucial that the mediator’s diagnosis of the underlying sources of conflict be accurate. The mediator is now beginning to intervene more actively by trying to establish a framework for moving toward a settlement. If the mediator has misjudged the underlying difficulties and tries to push the parties toward a settlement prematurely or in a way that does not overcome some of the major obstacles, his or her credibility can be lost. A retired mediator once told the following story about how he learned he was pushing for a settlement prematurely while mediating a strike:

I started the mediation in the normal way, and the parties responded by discussing their differences in a serious fashion. I then broke the parties into separate caucuses. When I went to talk with the union team I found them playing cards. To my dismay, I could not convince them to stop playing cards and get down to the business of settling the strike. Instead, I was told to go back to my hotel room and that they would call me when they needed me. Later I learned that the major obstacle to a settlement in this case was a structural one—the longshoremen on one coast of this country were waiting for the longshoremen on the other coast to settle their contract so that they could then use it as a pattern for their own settlement.

During this second stage of the mediation process, the mediator continues to probe to identify the priorities and bottom-line positions of the two parties. The mediator actively looks for possible acceptable solutions to the outstanding issues. Once the parties have begun to discuss specific proposals, the mediator attempts to determine whether their bottom-line positions are close enough. If they are, then the mediator presses for modifications that would yield an agreement.

The mediator’s ability to estimate the parties’ bottom-line positions is crucial at this stage, as is timing. When the mediator judges the bottom-line positions to be close enough to push toward a settlement, he or she takes a more assertive role. The mediator can suggest compromises, push the parties to make compromises they earlier stated they would be unwilling to make, and, in general, try to close the gap between the parties. Engaging in such active tactics prematurely (that is, when the parties are still too far apart) damages the mediator’s credibility and acceptability.

When conditions are not ripe for settlement, the mediator must hold back from using overly aggressive tactics. When the time is ripe, however, the mediator must take action or risk losing the opportunity to forge a settlement. The mediator’s prior experience helps guide him or her in judging timing. At this point in the process the art in mediation comes to the forefront.

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