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Lecture 2

LABR 2P00 Lecture 2: Lecture 2

4 Pages
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Department
Labour Studies
Course Code
LABR 2P00
Professor
John Barkans

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LABR 2P00- Lecture 2 January 24 , 2017  Seminar debate litigation vs. ADR  Review: talking about theory’s and models on how to resolve conflict (3 models)  power, rights & interests approach  advantages and disadvantage to each approach  theory that there was a dysfunctional & functional approach to solve these conflict  model of first choice= power approach (triangle theory)  what’s trending as to ADR, what the future for ADR {ADR Mechanism] st - 1 ndgrowth in courses and degrees in conflict management/ resolution - 2 : new developments (ambiance grief, creditation) new trends - 3 : conflict management coaching (is something that is done before there is even conflict) (trending as for coaching, if a conflict was to arise) Part One  Based on article: (READ)  trending now: mediation  been around for long time, but what’s trending is mediation of interpersonal conflicts & team issues  meditation of law based matter (something that or might become a legal issue)  mediation of interpersonal conflicts & team issues - how to deal with conflicts within workplaces, among staff and teams - how to deal with them - how to solve issues between people in workplace - different than traditional mediation - organization management may require that you go through this meditation - there the voluntary aspect is changed, may not required by management - going to be a great growth in this form of meditation  work places have flattened out, was never required for students to do group work (people need to be able to get along) more open and diverse, people need to be able to work and get along with one each other, many workplaces depend on group work and partnerships - team disputes and people not able to work with others then get frustrated and leave  traditional mediation is seen as a voluntary resolution  people depend on this before litigation - both sides must agree to undergo it - both parties agree to it  meditation of law based matters: - much older thing - been offered for a while now but it’s also increasing - mediation of litigation issues - law based disputes going to court  meditation is much more common now - meditation before you go to court  - is increasing as well because lawyers on both sides re pushing for it, courts are pushing for it because they see the courts as having broken down as for staff (not able to handle amount of litigation going on) trying to avoid going to court - seen as meditation under pressure  there is a pressure to undergo mediation - lot of pressure for one to go through mediation  mediation under pressure - mediation over litigation  last trending discussion: - discussion of arbitration - talked about labour arbitration  organized labour vs organization labour (unionized employees) - employment arbitration  arbitration for unorganized employees and labour - what’s trending? Mandatory employer opposed employment arbitration (required by management) - use of arbitration in non-unionized workplaces to resolve disputes - in a labour arbitration situation, unionized workplace if there are disputes over the contract/ collective agreement it is also mandatory that, that disputes get resolved by arbitration (Example: if you get fired you can’t take it to court and claim wrongful dismissal… its mandatory to take it to arbitration) - mandatory labour arbitration is imposed by the state - both mandatory but major differences between the two -  mandatory labour arbitration vs. mandatory employment arbitration - who pays for arbitration? Employer and the union (they both pay for it... they share the cost) - both pay  both can select - who in labour conflict selects the arbitration? Employer and union pick the arbitrators - if either side is not satisfied with the arbitrators either side can decide to dismiss the arbitrator - dis-mandatory employer imposed employment labour arbitration… who pays for that? Employer - who selects the arbitrator? Employer - who gets to dismiss arbitrator? Employer  Any issues, concerns or problems with this trend? - Employers control arbitration process  does not seen fair for employees - Huge issue  mandatory labour arbitration  The speculate that these arbitrations have peeked, they believe that they are going to level off now  We don’t think that there is a major decline  but could be in the future Part
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