George Cohen, the director of the Federal Mediation and Concilliation Service, is speaking in Kansas City about the place of mediation services in an industrial democracy. It is his belief that mediation, rather than litigation, is the best way to reach decisions when contract negotiations are on the table. He provides some sound advice on how to handle mediations to produce the best result.

Enter Civil Mediation Sooner Rather Than Later

To quote Mr. Cohen, “Don’t wait until 30 days before a contract expires and sit across the table and stare at each other.” The essential idea is that the sooner negotiations are entered, there is less pressure on everyone involved. The environment is more relaxed and conducive to civility and good faith.

Certainly, many failed or aggravated mediations have had this problem. Renewals on employment contracts in the public service sector have largely been on hold while the parties in question hash them out over a year or two past the revision date. Largely, the delays have been due to antagonism between the parties.

Workplace Mediation Resolves Shared Problems

In another quote, Mr. Cohen says, “Sit down with the mindset that if it’s a problem that either side has, it’s a problem that the other has, too.” One common problem that many disputes have is that one side perceives themselves as a victim and the other as a bully. On the flip side, one side can believe the other is simply greedy.

This kind of thinking does not contribute to successful mediation. Mediation is not a “winner takes all” process like litigation. It is about negotiating a “win-win” situation for both parties. Both parties have to cooperate and compromise to make this happen.

Mediation Requires Transparency and A Problem-Solving Focus

Another feature of well-handled mediation is that both sides arrive with “open books” and a desire to fix the issue at hand to everyone's satisfaction. Quite often, disputes are nothing more than misunderstandings based on a lack of access to pertinent information. A teachers' union may not understand the new payscale without seeing the overall budget. This kind of openness can do more to clear up disputes than fighting over who is right or wrong.

Ultimately, mediation services are not about who is to blame for the problem at hand. They are to fix the problem and move forward.