Alternative Dispute Resolution-Mediation and Arbitration
Labor and management are required by law to bargain in good faith, and they need to maintain effective employee relations, but when in conflict we cannot always resolve our dispute alone. In these cases, something called alternative dispute resolution can be used. Alternative dispute resolution includes a series of tools, most commonly either mediation or arbitration, which can be used by parties who are in conflict in order to resolve their disagreements without going through the process of litigation. In some contractual employment agreements, there will actually be a requirement that any disagreement concerning the contract will be subject to arbitration instead of the use of the legal system. The U.S. government's Federal Mediation and Conciliation Service (FMCS) is often used as an alternative dispute resolution resource. For more information about the FMCS, visit its website at http://www.fincs.gov. At this point, let's take a little more detailed look at both mediation and arbitration. In many cases in an organization where conflicts occur, a mediator may be used. A mediator is a neutral third party who helps resolve a conflict, but has no authority to impose a solution to the conflict. As a manager, you may often be called upon to serve as a mediator between two employees. In this case, remember that you should be a mediator, not a judge. Your task is to get the employees to resolve the conflict themselves, if possible. You will need to work diligently to remain impartial, unless one party is violating company policies. When bringing conflicting employees together, focus on how the conflict is affecting their work. Discuss the issues by addressing specific behavior that bothers the other person, not personalities." If a person says, "We cannot work together because of a personality conflict," ask him or her to identify the specific behavior that is the root of the conflict. The discussion should make the parties aware of their behavior and of how its consequences are causing the conflict. What expectations are not being met? In the mediation process, the purpose of the mediator is to assist the parties in overcoming barriers to communication as well as other barriers that are keeping the parties from resolving their differences. Facilitation is one of the major tools available to the mediator. When a person acts as a facilitator, their primary purpose is to help individuals or groups who are in conflict to overcome hurdles that are keeping the conflict from being resolved. As in most cases, an example will help you understand how a mediator might act in their role as a facilitator. Let's assume that an individual employee and their supervisor are in conflict over how to resolve a grievance concerning unsafe tools in the workspace. The employee, in fact, filed a grievance based on a concern for their own safety and the safety of others, while the supervisor is under the impression that the employee just wants newer and nicer tools. The employee's grievance was initially denied by the supervisor, and the contract with the labor union allows a mediation process between the direct supervisor and the employee prior to going up the chain of command to higher-level managers.