Question

QUESTION 4 what are some similarities and differences between mediation, fact finding, and interest arbitration?

QUESTION 5 describe the characteristics or qualities should a practitioner look for in selecting a mediator to help resolve a labor dispute?

QUESTION 6  To what extent do you agree or disagree with the following statement: "Strikes are an intricate and essential element of the collective bargaining process." Explain your reasoning.

Answer 1

4. Mediation, fact finding and arbitration are the three kind of resolving procedures used to resolve any kind of conflict or clash of interest that is arising between any two parties. The similarities among all these three forms is that all of them are a kind of bargaining process where a third party is being used to solve the problem and come across a negotiating point to solve the conflict that has been practicing over. Although, difference lies in how these three procedures work. In mediation, a mediator will suggest the drawbacks and benefits of agreements, the avenues of agreement, but isn’t having any power to compel any acceptance. Fact finders are the one having powers finding the solutions to the situations and also can make recommendations on these findings for what to do. They are still not legally binding. At last in, arbitration, the legal and lawful powers are being provided to listen to the hearings of both the parties and come up with a solution to help.

5. The qualities important in a Mediator are as follows:

1. Patience: Patience is one of the best element in a Mediator which describes its role. A mediator should always be patient in listening to what others are saying and thus should br effective in gathering the information effectively and efficiently to come up with solutions.

2. Alertness: The mediator should always be alert. He shouldn’t miss out any important or relevant point that is being presented in the discussion as that would lead to wrong decision making of the process. One should be alert and always present and have an open mind for being a mediator.

3. Communication skills: A mediator should have the best of communication skills to deliver or make the people understand the fact or point you want people tp be aware of. He should be effective and efficient while delivering the speech and the information thus to make the people and parties understand the cause of problem and solution.

4. Decision Making: At last, the mediator should also possess a good decision making power to make good decisions for the effectivity and efficiency of the problem solving techniques. He should listen, analyse and thus take the most appropriate decision to solve the conflict.

6. I totally disagree with thus statement which more or less says Strikes are an important part of bargaining process. For what I believe Strikes are a negative part of a company’s working performance and thus shows the level of dissatisfaction among the employees which made them to strike. An effective bargaining process includes good communication and problem solving skills to come up with a solution that solves the conflicts of both the parties in the organisation. One should be patient and be effective in communicating, listening and anticipating towards the same. Strikes make the employees as well as the employers aggressive and is the most non effective way of making things to go in your way. Thus, an ethical working should be made in the organisation where good employee and employer practices are maintained.