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human resource development - In cases where such recommendations are not accepted, the data (or facts) will have been collected and organized in a fashion that will facilitate further negotiations or be available for use in later adversarial procedures. Interest-based problem-solving is a technique that creates effective solutions while improving the rela_tionship between the parties. The process separates the person from the problem, explores all interests to define issues clearly, brainstorms possibilities and opportunities, and uses some mutually agreed upon standard to reach a solution. Trust in the process is a common theme in successful interest-based problem-solving. Interest-based problem-solving is often used in collective bargaining between labor and manag_ement in place of traditional, position-based bargaining. However, as a technique, it can be effectively applied in many |
contexts where two or more parties are seeking to reach agreement. Mediated arbitration, commonly known as
"med-arb," is a variation of the arbitration procedure in which an impartial or neutral third party is authorized by the disputing parties to mediate their dispute until such time as they reach an impasse. As part of the process, when impasse is reached, the third party is authorized by the parties to issue a binding opinion on the cause of the impasse or the remaining
issue(s) in dispute. In some cases, med-arb utilizes two outside parties--one to mediate the dispute and another to arbitrate any remaining issues after the medi_ation process is completed. This is done to address some parties' concerns that the process, if handled by one third party, mixes and confuses procedural assist_ance (a characteristic of
medi_ation) with binding decision making (a characteristic of arbitration). |