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'Tis Better To Confer Than To Decide

NCJ Number
108015
Journal
Negotiation Journal Volume: 3 Issue: 4 Dated: (October 1987) Pages: 329-332
Author(s)
R B McKersie
Date Published
1987
Length
4 pages
Annotation
A conference process in the context of arbitration hearings can produce a better outcome than quasi-judicial arbitration decisions on employee grievances.
Abstract
The first step in changing the context for dispute resolution is for the arbitrator to test with the parties the acceptability of some type of conference process. The incentive to pursue the conference approach is helped if the parties perceive that the outcome will be more beneficial than that likely to be achieved through normal arbitration. Employee discharge actions particularly lend themselves to the conference approach. The conference process depends on the parties being willing to talk to one another. This may require considerable venting of emotions and resentment before a conference can be attempted. A conference may be used in conjunction with the arbitration process through the rendering of a summary decision by the arbitrator on issues whose disposition is clear and the use of a conference to resolve the issues better resolved by the parties themselves. In the case of the use of conferences, the arbitrator retains jurisdiction to decide issues unresolved after the conference.