One discussion and 2 replies
Mediation & Arbitration
Do you think employees feel that mediation and arbitration are just/fair methods of resolving employment conflicts? Why or why not, and use both unionized and non-unionized employee perspectives.
Your initial post should be at least 200 words, formatted and cited in current APA style with support from at least 2 academic sources. Your initial post is worth 8 points.
You should respond to at least two of your peers by extending, refuting/correcting, or adding additional nuance to their posts. Your reply posts are worth 2 points (1 point per response.)
All replies must be constructive and use literature where possible.
Post by classmate 1
Mediation and arbitration can be viewed as fair and just if the attendees understand the purpose of a mediation meeting and the benefits of having an arbitrator reviewing a case or conflict. When two parties disagree on an outcome, have opposing sides of a situation or do not agree on the direction of an issue that impacts either party, a mediation meeting hosted by a mediator or arbitrator can assist in resolving issues. I have attended many meetings where an arbitrator reviewed evidence presented and provided a resolution based on their findings.
According to Merriam-Webster a mediator is defined as “one that mediates between parties at variance” while a arbitrator is defined as ” (Merriam-Webster, 2020) to act as arbiter upon (a disputed question) : to settle (a dispute between two people or groups) after hearing the arguments and opinions of both” (Merriam-Webster, 2020) Arbitrators can settle a case while a mediator listens to opposing parties, makes recommendation and if no resolution is reached, parties are referred to a higher court.
As it relates to union versus non-union examples, union employees typically have the assistance of a union organizer and/or delegate. In a non-union environment, some companies rely on a employment dispute resolution process to resolve conflict and ensure there is fairness and consistency. The current company I work for has this process in place for those employees that are in non-union roles. There is a 4 step process in the employment dispute resolution process:
Manager discussion occurs and issues are outlined and documented
If disagreement occurs, employee appeals to Department Director
If no resolve, a peer review panel appeal takes place
If no resolution reached, the organization’s CEO reviews and makes final determinationReferences:
Merriam Webster. (2020). Merriam Webster. https://www.merriam-webster.com/dictionary/mediator (Links to an
Post by classmate 2
Alternative Dispute Resolution, ADR, is said to be any method by which parties can come to a resolution without the issue being escalated to litigation (Esmaili, 2017). ADR was implemented to lower cost, allow quicker dispute resolutions and fosters outcomes that allows the preservation and strengthening of a relationship between both parties. There are advantages and disadvantages to utilizing the exploration of arbitration and mediation when attempting to settle a dispute but let us take a moment to magnify the area of opportunities that employees sought with both methods. The greatest disadvantage to mediation lies in knowing that there is a high possibility that negotiations could fall through should the opposing party put up a resistance because him or her is convinced that they are right and is unwilling to compromise of which there is a strong possibility that the case will still end up going to court anyway because both parties cannot come to mutually beneficial terms (Jones, 2019).
On the contrary, arbitration is perceived to be the more trusted option of the two because it is centered around the law and said to be fair yet there are a few downsides and drawbacks to sealing the deal by way of this method. Some of those drawbacks are:
Cases are heard by an Arbitrator who bases their decisions on the law and is usually fair however, employees in a lot of cases prefer to have their cases heard by a jury because juries are often said to be more sympathetic to employees
In this method, parties can elect to request less evidence and proof of documents from the opposing side than they would ordinarily had the case gone to trial. This is a disadvantage for employees as the employer in most cases have more accessibility to/and have more evidence to fortify their claims
Generally, decisions surrounding arbitration cannot be appealed so if the verdict for the arbitration was unfavorable upon the first decision, unfortunately, the losing side cannot motion for an appeal with a higher authority. The decision is final and employees do not find this fair.
Esmaili, T. (2017). Alternative Dispute Resolution
. Retrieved from https://www.law.cornell.edu/wex/alternative_dispute_resolution\ (Links to an external site.)
Jones, D. (2019). The Advantages and Disadvantages of Mediation. Retrieved fromhttps://www.glaisyers.com/advantages-and-disadvantages-of-mediation/#:~:text=The%20main%20disadvantage%20to%20mediation,up%20going%20to%20court%20anyway. (Links to an external site.)
Teka, M. (2020). Employment Arbitration Agreements. Retrieved fromhttps://employment.findlaw.com/hiring-process/employment-arbitration-agreements.html#:~:text=The%20arbitrator%27s%20decision%20is%2C%20in,often%20more%20sympathetic%20to%20employees.&text=Arbitration%20decisions%20cannot%2C%20in%20general%2C%20be%20appealed. (Links to