Essay on Third-Party Interventions in Collective Bargaining & Negotiation

Introduction

A third party is a very crucial person in the proses of buying and selling of goods; this is due to their interventions in collective bargaining. Additionally, different types of third party intervention are essential in ensuring collective bargaining and negotiation on products and services. These types of interventions include Facilitation, mediation-arbitration, and conciliation. Generally, the third party interventions are classified together as ADR processes and top voluntary way of resolving business conflicts (Malin,2018). This process aims at recognizing all involved parties' rights to strike and to lockout and also minimizing the need for such measures. Additionally, this interaction plays critical roles in ensuring continuous bargaining, settling disputes, and ensuring collective agreements, as discussed below.

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Facilitation

Facilitation is mostly involved in collective bargaining, based on interests, in other words, known as non-adversarial collective bargaining. Facilitators play a role in eradicating reluctance in negotiating by emphasizing a neutral ground to the involved parties. Also, he can ensure a common ground by projecting specific behavior, increasing the knowledge about commodities, and also by improving the skills for collective bargaining to the involved parties. Moreover, the facilitator defines the roles of the party in the negotiation to achieve build consensus and also building trust between the two parties.

Further, some facilitators assist the parties in preparing for the negotiation. These are achieved via training on issues concerning the sanity of working places and payment systems (Lee & Wen2016). They also offer sessions on skill-building concerning listening techniques together with brainstorming. Some facilitators work together with their teams in preparing their bargaining plans. Due to their increased involvement, they raise the level of trust between the involved teams in collective bargaining, and this improves confidence in the whole process of negotiation.

Conciliation

Although conciliation is among the least methods of third party intervention, it plays a vital role in concerned with the process of collective bargaining. They transmit information without deviating from the viewpoint of the involved parties, not even proposing alternatives. Part of their job is arranging for meetings, transfer of information between the parties, and above all, they ensure intense calmness situations (Mehrotra& Risavy, 2020). Generally, conciliators assist parties in solving their differences, relying on the party's willingness to participate.

Conciliation maintains the relation that exists between the disputants, and it is quick and less costly than legal proceedings. The process of mediation contains the fundamental value of social harmony rather than individual rights. Consequently, conciliation may fail to neutralize power imbalances between parties, and this results in unfair agreements. Hence this calls for the use of other intervention methods.

Mediation

Mediation in the business world is a variation of negotiation between parties involved in a particular business, on which a third party assists the parties in the discussion. The mediators ensure viability in a talk by performing the intermediary duty in locations where parties fail to agree. Negotiator suggests a solution to the conflicts, interprets the position of each party in the negotiation, and therefore he encourages trust between the parties (Mehrotra& Risavy, 2020). Due to the influence of the mediator, parties can collectively bargain without having conflicts.

The process of mediation is associated with the arbitration, and it is highly useful in moderate bargaining conflicts. Furthermore, it is more effective in situations where parties are motivated to come up with an agreement, where resources are abundant, and when parties disagree on specific commodities. It also works perfectly in the case where there are no imbalances of power among the disputants.

Arbitration

A person recognized by two parties in conflict (a third party) to help them come to a fair decision termed as an arbitrator. The process of arbitration is quick and less tiresome than the legal process. Also, in this process, the collective bargainers do not have to qualify for standards required by the low (Abreu at al,2016). To use arbitration, both parties have to accept first. The method of mediation allows both parties to raise their collective bargaining, and this helps to ensure fairness through the process.

Conclusion

To sum up this study, it is important to ensure interventions in collateral bargaining since it acts as a key factor in ensuring cohesion between parties. When different attributes like mediation, arbitration are deployed, they curb violence in the business and therefore resulting in smoothness in business activities.

References

Malin, M. H. (2018). The Motive Power in Public Sector Collective Bargaining. Hofstra Lab. & Emp. LJ, 36, 123.Lee, C. H., Brown, W., & Wen, X. (2016). What Sort of Collective Bargaining Is Emerging in C hina?. British Journal of Industrial Relations, 54(1), 214-236. Retrieved from https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/hlelj36&section=8

Mehrotra, S., & Risavy, S. D. (2020). York University and Cupe 3903-Future of Collective Bargaining Rights. South Asian Journal of Business and Management Cases, 2277977920905293. Retrieved from https://journals.sagepub.com/doi/abs/10.1177/2277977920905293

Abreu, M. A., Spradley, B. D., & Abreu, M. (2016). The 2011 National Football League Labor Dispute. The Sport Journal, 19. Retrieved from http://thesportjournal.org/article/the-2011-national-football-league-labor-dispute/