Grievance mediation

Conclusion In sum, grievance mediation is a highly successful alternative to labor arbitration. It shares with expedited arbitration the capacity to reduce the time and cost of arbitration, and is more likely to produce mutually acceptable outcomes than is a conference procedure in which the neutral retains decisional authority. It is also more likely than either of those procedures to improve the parties' dispute resolution ability and ultimately their entire relationship.To be sure, not all grievances can be successfully resolved through mediation. Still, its advantages are so great, and its costs so low that an effort to resolve grievances at mediation should be a required step preceding arbitration in all collective bargaining contracts. Stephen B. Goldberg is Professor of Law at Northwestern University Law School, Chicago, Ill., 60611. He is a member of the National Academy of Arbitrators and president of Mediation Research and Education Project, Inc.This article draws in substantial part on material contained in the author's recent book (with William L. Ury and Jeanne M. Brett),Getting Disputes Resolved: Designing Systems to Cut the Costs of Conflict (San Francisco: Jossey-Bass, 1988).     

Strengthening international mediation

Conclusion Any of these models can be pursued in tandem with any other. There are undoubtedly other options as well so these must be considered illustrative of what might be done.Such an informal approach to improving and extending the practice of international mediation would not preclude the eventual creation of a more formal organizational structure at some point should that be deemed useful. Indeed, it might prepare the way.If it is too soon to know whether or how a more formal service should be designed, perhaps the soundest way to begin is with a loose network offering an array of support services that can grow organically as it proves useful. William L. Ury is Associate Director of the Avoiding Nuclear War Project at the John F. Kennedy School of Government and Director of the Nuclear Negotiation Project, 513 Pound Hall, Harvard Law School, Cambridge, Mass. 02138. His publications includeBeyond the Hotline: How Crisis Control Can Prevent Nuclear War (Boston: Houghton Mifflin, 1985) and, with Roger Fisher,Getting to YES: Negotiating Agreement Without Giving In (Houghton Mifflin, 1981).This column was composed as a think-piece for the Working Session on International Mediation held at the Carter Center of Emory University in Atlanta, Georgia, May 28–29, 1987, and cosponsored by the Program on Negotiation at Harvard Law School and the Carter Center. For their suggestions and ideas, I am indebted to Brian Urquhart, Harold Saunders, Larry Susskind, Roger Fisher, Cynthia Sampson, Bill Spencer and the members of the Core Group of the International Mediation Project (a faculty seminar sponsored by the Program on Negotiation).     

The art and science of mediation

Book reviewed in this article:
Jacob Bercovitch , Social Conflicts and Third Parties: Strategies of Conflict Resolution.
Jay Folberg and Alison Taylor , Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation
Deborah Kolb , The Mediators
Christopher Moore , The Mediation Process     

Explaining a paradox of mediation

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