ME DI ATI ON AND ARBI TRATI ON?

STAFFAUGUST 20, 2015

UNCATEGORIZED

Mediation and arbitration both involve finding a resolution to a dispute (usually over the
interpretation or application of a written contract) and involve a third party (an arbitrator or
mediator). However, the method by which resolution is reached is completely different in
arbitration and mediation.

In mediation the parties (employer and union or other employee representative) to a labor-
management dispute mutually select an impartial third party to help them reach agreement over a
disputed issue or issues. The role of the mediator is to listen to the positions and interests of both
parties, to make suggestions for resolution if appropriate, and to help them reach an agreement to
which they can both commit. Mediation may be voluntary or imposed by state or federal
legislation. The mediator has no authority to force the parties to come to an agreement and
cannot impose his or her version of a good resolution upon them. Any suggestion he or she
makes about what would be the “best” solution for the dispute is not binding upon the parties.

In arbitration the parties mutually select an impartial party to hear both parties’ positions and
arguments, consider live witness (oral) testimony and documentary evidence if offered, and write
an opinion and award resolving the issue in question. The parties to arbitration generally agree in
advance that the resulting award will be final and binding upon them. Most collective bargaining
agreements contain a specific provision that addresses the arbitration of disputes. Sometimes an
arbitrator will try to mediate a dispute prior to moving to arbitration. In such circumstances he or
she tries to get the parties to resolve the dispute on their own without having a decision imposed
upon them.