What is the Future of Labor Mediation?
Thursday, December, 20, 2012
In a paper given by Christopher Honeyman at the Annual Conference of the Society of Professionals in Dispute Resolution, the author discusses the rise of labor unions throughout the country and the impact this has had on the course of labor mediation over the years. According to Honeyman, “The strike was the assumed result of any bargaining impasses. Labor mediation was therefore conceived of, and in particular its public financing was quite readily accepted, as a service which justified its existence by reduction of the costs imposed on the public by private-sector strikes. The services mediators were expected to provide were accordingly oriented toward crises in private-sector bargaining relationships.”
However, the author then goes on to suggest that with the lessening influence of labor unions throughout the country, as well as the minimized consequences of strikes on a company’s bottom line that has been seen in recent news stories, there has been increasing uncertainty about the future of labor mediation.
Despite this uncertainty, however, Honeyman reminds us that “just because unions have largely found themselves unable to strike doesn't mean that a new era of mutual respect and affection between employers and employees has broken out.” Despite the lessening influence of labor unions, there are still problems that arise around patterns of hiring and promotion, working conditions, sexual harassment and race issues that threaten the smooth, day-to-day operations of a business. In cases such as these, labor mediation is still an important asset to solving disputes in the work environment.
In labor mediation, each party involved in the dispute is given an opportunity to present his or her “side” to a neutral, third-party mediator who is familiar with labor laws and the precedents set by court rulings should the mediation process not reach a satisfactory end and negotiations not be made. This precedent often helps each party understand the outcome that would likely ensue if the case were sent to litigation. In mediation, however, the parties involved in the dispute have the power to settle it and often do so successfully, without a case ever needing to go to court.