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.
How Do You Define Mediator? The question of how you define mediator and how you define mediation certainly have related answers. In its simplest form the definition of mediator is a person who mediates. That is neither a satisfying or useful answer to the question. First we have a turn our minds to the process […]
Mutualizing, Conflict Resolution & Critical Care There I was on my weekend off at a dinner party talking with some people telling stories over a beer, when the best example of mutualizing to resolve a conflict was laid at my feet for the taking. Mutualizing is when you find a common interest shared by parties […]
Alternative Dispute Resolution vs Dispute Resolution There is some debate right now about whether the term dispute resolution or alternative dispute resolution is the proper name for Arbitration, Mediation and other options that are not litigation. The folks who want to keep alternative in the name see the traditional dispute resolution mechanism as being litigation […]
If you’re like me you may be uncomfortable negotiating for something that you don’t know much about. I run into this discomfort every time something goes wrong with my car. I am decidedly not a car guy. I don’t know the difference between a crankshaft and a camshaft, so I am understandably concerned when I […]
In this TED talk negotiation guru William Ury talks about the secret to peace and how others help resolve conflict. Click Here to open video in new window 17 Camels He starts with the story of three brothers who were willed 17 camels. The first brother was given half the camels, the second brother was […]
Mediation Dos and Don’ts Going into a mediation can be stressful. That stress is amplified if you are unrepresented. This infographic provides a mediation cheat sheet full of mediation dos and don’ts. If you follow this advice you have a much better chance of getting to a deal. Mediation Dos and Don’ts: Do Stay at […]
Voluntary or Voluntold? Most Mediators, including me, think that one of the most foundational parts of mediation is its voluntariness. But we live in a world with mandatory mediation, so what gives? How can mediators define mediation by its voluntariness but support people being forced into mandatory mediation? Ontario Mandatory Mediation Program The Ontario Mandatory […]
Become a Better Negotiator With Just 1 Question! What if I told you there is one question that just by asking it and listening to the answer would make you become a better negotiator? New and inexperienced negotiators assume that the most important question in a negotiation is: What’s in it for me. That’s a […]
This is the first of a three part series on the spectrum of mediation. The spectrum of mediation host three main types or styles of mediation from the most direction and influence of the mediator to the least these types are, Evaluative Mediation, Facilitative Mediation and Transformational Mediation. This post focuses on what Evaluative Mediation […]
I spend a good portion of my time telling people about how mediation is a good option for resolving nearly all conflicts. I know you are asking when is mediation a bad idea? Is mediation ever a bad idea? Like all good rules there are some exceptions. Rarely mediation can be a waste of time. […]