Comparative Analysis of Attitudes Toward Mediation

• NCJ Number: 94860
• Journal: Labor Law Journal Volume: 30 Dated: (March 1979) Pages: 165-173
• Author(s): J Krislov; A Galin
• Date Published: 1979
• Length: 9 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

This survey of labor and management attitudes toward labor mediation and mediators in the United Kingdom, the United States, Israel, and the Republic of Ireland shows a consensus high level of approval for mediator competence and mediation effectiveness but differences in opinion about the mediator's influence on the parties and the parties' willingness to participate in mediation.

Abstract

For each country involved in the study, a questionnaire was sent to each party's spokesperson in all the mediation cases during a specified period. Questions focused on (1) the mediation process, as expressed by the parties' enthusiasm for the process and their perception of its effectiveness; and (2) the mediators, as expressed by the parties' estimate of the mediator's ability to control the process and their view of the mediator's influence on the parties. The respondents expressed confidence in the mediator's ability and also indicated that mediation has an impact on bargaining. Both parties in all four countries agreed that the mediator understood the complexities of the issues involved, that he showed no favoritism toward either side, and that he made constructive suggestions. The parties also agreed that mediation decreased the number of strikes. There was also a consensus that mediation has an impact on the agreement terms. Less than half the respondents indicated that the mediator helped them to understand the other party's viewpoint, however, and only a few respondents stated that the mediator helped them to retreat from a difficult position. Generally, there is a vast difference between a party's self-image and the perception of the other's willingness to use mediation. Both labor and management respondents in Great Britain expressed consistent and high levels of skepticism toward mediation. The conclusion attempts to explain the apparent conflicts in some of the opinions expressed.