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Government in the Bargaining Process

The Role of Mediation

Bibliographic Data

ID9764980
AuthorsDavid L Cole (International Harvester Company and at Inland Steel Company), David Cole (0000-0003-3029-1796, Navistar International (United States), corresponding author)
Year1961
Volume333
Issue1
Pages42-58
Publication date1961-01-01
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueThe Annals of the American Academy of Political and Social Science (JOURNAL)
Journal identifiersISSN: 0002-7162 • E-ISSN: 1552-3349
PublisherSAGE Publications (PUBLISHER • US)
DOI10.1177/000271626133300105
OpenAlexW1993402437
LanguageEN
Citations received2

Three federal agencies engage in mediation ac tivities : the Federal Mediation and Conciliation Service, the National Mediation Board, and the Atomic Energy Labor- Management Relations Panel. Many states and cities also have such agencies. In major disputes or at critical times, however, it is customary for other officials to supplement the efforts of these agencies, and it is not uncommon to enlist the aid of outsiders on an ad hoc basis. Currently, a trend seems to be developing to use collective bargaining as a test of strength rather than as a means of resolving problems. Be cause of the danger that this will spread and produce a public demand that some form of legislative regulation be substituted for free collective bargaining, it is imperative that the most effective use be made of mediation. The prime function of mediation is to induce the parties to employ reason rather than sheer power. Since mediation is and must remain a noncom pulsory activity, mediators must be careful not to lead the parties to suspect that the mediator's personal interest has any bearing on his conduct. The judicial theory that mediation and any form of fact-finding or decision-making must be com pletely divorced should be discarded. This theory has not been followed in practice, and it deprives the mediator of a source of information and strength in his difficult task

Alternative dispute resolution · Bargaining power · Business · Collective bargaining · Conciliation · Economics · Government (linguistics · Labor disputes · Labor relations · Law and economics · Mediation · Political science · Public relations · Law · Law, Economics, and Judicial Systems · Legal Systems and Judicial Processes

  • Discussions and Reviews

    Open Access•Charles M Rehmus•Journal of Conflict Resolution•1965

  • Incentives for Compliance with Environmental Law

    Open Access•Stuart S Nagel•American Behavioral Scientist•1974

Unique citing works2
Citations per year0,03
Citation span1965 - 1974 (10)
Citation velocityhistorical
Highly citedNo
Citation typesNeutral: 2

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