Mediation and Fact Finding

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Mediation and Fact Finding
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Review

• Talked about planning for negotiation
• Teachers on strike
• Interest-Based Negotiation
• Work rules
• Often blamed on unions and collective bargaining
  but employer typically agrees with them
• Seem counter-productive when compared to some
  ideal administrative behavior but make more sense
  when compared to administrative behavior we
  actually see

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Today

• What is Mediation?
• What do mediators do?
• Getting the most out of mediation!
• What is fact finding?
• What do fact finders do?
• Getting the most out of fact finding!

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I. What is Mediation?

• Wall, Stark and Standifer optional reading
• "Mediation is assistance to two or more
  interacting parties by third parties who have no
  authority to impose an outcome
• How might mediation assist parties in resolving
  disputes?

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II. What do Mediators Do?

• Meet with the parties
• Separate the parties Why?
• Listen carefully
• Making Suggestions advantages and risks
• Try to get parties to focus on their priorities
  and to look for mutual interests
• Research Results

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III. Getting the most out of Mediation

• How much to confide in the mediator?
• Risks in separation of parties
• Sidebar meetings?

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IV. What is Fact Finding?

• According to McKelvey, began in the US under the
  Railway Labor Act (1926)
• Continued in another form under Taft-Hartley
  (1947)
• McKelvey - Not about finding facts
• Produces recommendations for settlement

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IV. What is Fact Finding?

• Taylor Committee - "Fact finding requires the
  parties to gather objective information and to
  present arguments with references to these data.
  An unsubstantiated or extreme demand from either
  party tends to lose its force and status in this
  forum. The fact finding report and
  recommendations provide a basis to inform and
  crystallize thoughtful public opinion and news
  media comment."

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IV. What is Fact Finding?

• Harold Newman - "In theory an informed public
  will require parties to yield their positions."
  "The fact that fact finders reports and
  recommendations are provided to the media and
  published brings pressure for reasonableness on
  the part of the parties."

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IV. What is Fact Finding?

• Charles Coleman - "It takes a great deal of
  audacity to believe that after a few hours of
  testimony, an individual can come to understand
  the issues well enough to render a report that is
  sufficiently clear and logical to impress both
  parties."

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V. What do Fact Finders do?

• Hold hearing
• Fact Finder may propose mediation session prior
  to any hearing
• Nature of that hearing
• Nature of the recommendations
• What does Karper say about the effectiveness of
  fact finding over time?

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VI. Getting the most out of Fact Finding

• Limiting the issues submitted
• Dont fail to provide significant evidence if you
  really want something
• Do your comparisons systematically. Dont appear
  to pick and choose
• Evidence of inability to pay should be clear and
  compelling
• Acknowledge where evidence is weak but explain
  the importance of the issue anyway
• Remember the goal

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Administrative

• Questions about the negotiation exercise?