Collective Bargaining Mediation
Facilitated Interest Based Collective BargainingEarly in the collective agreement process, the mediator meets with both parties together and helps them get to the interests that underly any positions they may put forward. Each party is encouraged to work with the other to meet as many needs as possible. The mediator then works with both parties together throughout the negotiations to achieve an agreement that benefits both parties.
As a Response to ImpasseCollective bargaining is a hard process. Teams from both sides work hard to meet often imprecise mandates and occasionally the positions taken by the parties seem to be incompatible. When negotiations break down the government mandates conciliation. Mediation can be helpful prior to government conciliation, to narrow the scope of issues or to help parties better understand the why the other side has taken a particular position. After conciliation as the parties approach the strike/lock out deadline, mediators can work with each side to help them come to an agreement that each side can endorse.
Is Wakely Mediation the Right Choice?Dave Wakely is a skilled and experienced negotiator. In the past seven years he has been part of contract negotiations exceeding 500 Million dollars. His experience also includes working with parties to successfully negotiate a first collective agreement. If you are interested in collective agreement mediation please contact us today to discuss how we may be of service. Your deal is too important to wait. Wakely Mediation is here to help.
In this post I am going to discuss why you should forget a bottom line in your next negotiation and embrace the concept of a resistance point. In my post about ZOPA or the Zone of Potential Agreement, I explain the concept of a range where the parties are willing to settle. The boundary of […]
Costing Uncertainty This week’s blog is based on a discussion I had with my spouse recently while booking a vacation. It touches on an important negotiation principle: valuing or costing uncertainty. Most labour negotiations involve some degree of uncertainty. The future state of the economy, the performance of the business and labour market conditions all […]
Years ago when I first got elected to a union bargaining team, I had images of bargaining late with night bargaining sessions and tense exchanges in the early morning hours. After nearly a decade chairing teams and negotiating agreements worth anywhere from a few million dollars to hundreds of millions of dollars, only a few […]
Our friends at the Harvard Negotiation Project and authors of books like Getting to Yes would have you believe that negotiations is or ought to be a perfectly rational process. We know from our lived experience and countless pop psych books that people are not perfect rational actors. Cognitive biases affect how we process information […]
Define ZOPA One of the most popular articles on this blog is my article on the definition of BATNA. This week I thought I would cover another fundamental negotiation term and define ZOPA. ZOPA is an acronym that means zone of potential agreement. Put simply ZOPA is the range where the parties could agree. ZOPA […]
Negotiation Mastery at HBX I recently took a certificate in Negotiation Mastery at HBX, the Harvard Business Extension School. In this post I am going to talk about my experience at HBX with the negotiation mastery course. What is Harvard Business Extension School? Harvard business extension school or HBX for sort it is Harvard Business […]
How to Say Yes in a Negotiation Lots of negotiation texts make a lot of the concept of being able to disagree without being disagreeable. Given significantly less attention is the concept of been able to agree without being disagreeable or how to say yes in a negotiation. In this post I’m going to review […]
Highly persuasive negotiation techniques that allow you to continue the conversation while looking for an agreement are important in a myriad of circumstances. One of the most obvious examples of when highly persuasive techniques are important are when you undertake a life saving negotiation. In his book Don’t Split The Difference Chris Voss teaches negotiation […]
This is the long over due second of a three part series on the spectrum of mediation. If you missed it, check out part one on evaluative mediation.The spectrum of mediation hosts three main types or styles of mediation. They flow from the most direction and influence from the mediator to the least. These styles […]
I was asked by a client where their mediation should be performed. It got me thinking that I should probably share what goes into the decision about mediation location. For me it’s pretty much an even split on the question of who books the location for a mediation. Sometimes it’s the parties and other times […]