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George Cohen is Director of the Federal Mediation and Conciliation Service. He discusses the usefulness of mediation for the difficulties of first-contract negotiations, and the advantage gained by cultivating relationships in advance of bargaining. He discusses federal and private-sector training programs that have been effective, the latter including ArcelorMittal with the Steelworkers Union, and Kaiser …

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Arbitrator Picher explores the the recent trend, in Canada, of the parties requesting that the arbitrator mediate their dispute. Having conducted an informal survey, he found that mediation was used over 50 percent of the time in Ontario, and at lower but nonetheless significant rates in other geographic areas.

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The author, Chair of the Ontario Labour Relations Board, relates that, in Ontario, a med-arb approach to grievances has proven effective, and that counsels have adapted to its use.

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Mediation of Complex Grievances

Arbitrator Bickner offers practical suggestions to encourage grievance mediation, including, especially, in complex cases, for which the approach can be especially efficatious.

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Attorney Hayes describes the advantages and disadvantages of grievance mediation, and the success of med-arb, from his perspective as an attorney practicing in Ontario, Canada.

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Attorney Pearson points out the limitations and deficiencies of mediation as a means of resolving grievances

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Grievance mediation is more expeditious and less costly than arbitration. Professor Goldberg explains why it is used less often, and how its use might be encouraged.

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Professor Goldman explains how mediation can be performed more effectively by understanding the nature and relationships between the strength of 7 bargaining elements. He presents a model for assessing those strengths: the “bargaining strength model.”

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The author examines the increasingly adversarial and legalistic nature of arbitration and how it undermines the objective of providing a quick, efficient and cost-effective means of dispute resolution. He then describes the mechanisms that parties have adopted to restore those virtues. A sample expedited arbitration procedure is appended.

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Mediation of discrimination complaints at the USPS: Purpose drives practice

The authors describe the reasons that the Postal Service has adopted transformative mediation, implemented through its REDRESS program, for the resolution of discrimination disputes. They describe the steps taken to design and implement the program, and the criteria used to measure its success.

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