Labor Management Relations

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Part 1:
When management and labor reaches an impasse, they have three options for third-party resolution (mediation, arbitration, and fact finding). Describe each option as well as when it is best for each to be used (under what conditions or circumstances it would be best to use each option).

The use of "Fact Finding" is a step that occurs prior to mediation or arbitration and is typically taken with the attempt to avoid labor impasse. A neutral fact finding party will be hired to conduct a thorough review of the relevant labor issues that are responsible for the labor dispute while rendering a finding of fact. The finding of fact represents the view of an independent arbiter regarding what he or she believed occurred in the labor dispute and the decision that would have made by the arbiter had they been empowered to make it. A major and important difference between fact finders and non binding arbitration is placated upon the process for how fact finders are typically hired wherein fact finders are independently hired by either party in the labor dispute while non-binding arbitration occurs when both parties agree to present their dispute together. Ultimately, fact finding is a process that is used to forward along negotiations by providing an unbiased third party's opinion, which is typically used by the side who the fact finder ruled was "right" as a form of negotiate power in negotiations.

The use of mediation represents a process for dispute resolution wherein both parties in a labor disputes are aided by a neutral third party. Mediators serve the role of assisting parties both privately and collectively by assisting in identifying the issues pertinent in a labor dispute and developing proposals to resolve the disputes. Mediators don't have the authority to decide any disputes; and therefore, mediators possess the autonomy to meet privately and hold confidential and separate discussions with both parties in a dispute.
Mediation could be a mandatory requirement issued under the terms of certain laws or court order, or could be voluntary wherein both parties to a dispute agree to mediation by a third party. Voluntary arbitration is typically undertaken in labor disputes because both parties seek to resolve disputes in a manner that attempts ...