Expert: Timmy Chou - 5/21/2003

Question
Thanks to the combined efforts of my Company and my Union I was fired from my job. My termination was upheald in a Arbitration Hearing. I have never been given a formal letter about the "findings" of this Hearing, even though I was a "party" at this hearing. What can I do about this? What would be my first step?

Answer
Thank you for your question!

Mediators act as neutral third parties to disputes and never "get involved" in judging the merits of conflict, but merely use special techniques to help the parties decide how to negotiate their own settlement.

The case you describe here is unfortunately very typical.  I cannot mediate any dispute with you alone but I can respond to your question from my business consulting experience. Note that this situation may have legal factors
and you may wish to consult a labor attorney.

I presume your arbitor was provided by the Union in some way as you do not say if it was an "inside" arbitration or if you hired an outside arbitration firm.  

You also do not say if you were represented or if you had a Union representative assigned to you.  Obviously your advocate, if you had one, should be able to fget you any documents or explain where you are in the process.  

In any case, begin by writing to the arbitor requesting a copy of the finding.  Copy your letter to the cmpany and to the Union.  Many Unions have an ombudsman or labor relations designate.  Try to have them assist you in the process.  

Once you can determine the legal basis of the dismissal than you can decide how to proceed.  You may have appeal and review options open to you, or you could file a suit.  

You may be able to contact your state's labor board or commission to see if they have a complaint process you can begin.  It may also be useful to contact any labor organizations, TV stations, consumer groups, or anyone else you can think of.  Sometimes TV stations have a guy that advocates for people who have been ripped off.  Getting the bank on the evening news would likely get you the attention you deserve.  This problem deserves the "squeaky wheel" strategy.  Squeak away and you are more likely to get some attention.  

These are some ideas.  Feel free to follow up with additional questions.

For your information, the pros and cons of the types of dispute resolution methods follows.

GOOD LUCK!

Arbitration, Mediation, and Litigation

Arbitration: the referral of a dispute to one or more impartial persons for final and binding determination outside of the judicial system

Benefits of Arbitration:

    Confidential, no public record
    Limited exchange of documentation, information
    Quick, don't have to wait for a court date
    Arbitrators have expertise in the subject matter and are trained in conflict resolution
    Cheaper than litigation
    Preserves business relationships

Negatives of Arbitration

    It's a compromise, no %100 winner
    Complex arbitration can be costly
    If not satisfied, may litigate the arbitration procedure
    Poor results with an unskilled arbitrator
    Both parties must agree to cooperate in the process

Mediation: the process by which parties submit their dispute to a neutral third party (the mediator) who works with the parties to reach a settlement of their dispute.

Benefits of Mediation:

    Neutral mediator can objectively suggest alternatives not considered before
    Parties are directly engaged in negotiating the settlement
    Can be quicker than litigation
    Less costly than litigation
    Preserves business relationships
    85% of American Arbitration Association cases mediated find successful solutions

Negatives of Mediation

    may not reach a binding decision
    unskilled mediator

Litigation: using the judicial system to resolve disputes

Benefits of litigation:

    a clear winner and loser
    uses a prescribed set of procedures
    more predictable outcomes
    is final

Negatives of Litigation:

    waiting for court dates can do more harm
    usually more expensive than mediation and arbitration
    part of the public record