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.
“What sensible man would attempt settlement if it could be used against him at trial?”1 This post will explore the development and limits of settlement privilege and how settlement privilege interacts with mediation. Settlement privilege, the ability to shield the deal making and the deal, is essential for negotiations and mediations. This paper is organized […]
Keeping Your Negotiation Strategies Nimble Negotiation Strategies in the real world need to respond to shifting perceptions of what is happening at the negotiating table and what is happening in real life. This nimbleness works best if all the parties to a negotiation exhibit it; however even when they do not there are tactics that […]
On November 15, 2018 Doug Ford’s PC Government released Ontario’s Plan for the People. At the same time they introduced Bill 57: Restoring Trust, Transparency and Accountability Act, 2018 in the Legislature. Lots of commentators had plenty to say about the larger changes in this omnibus bill. This is not one of those posts. In […]
The US Navy SEALS are one of the most revered fighting forces in the world. As negotiators, there are few things we can take from professional warriors; as a mediator, there is even less, but the thing even the most devout pacifist can take from these special operators is how to deal with stress. In […]
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 […]
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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 […]
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