AboutTimmy Chou Expertise I am a experienced Mediator and a partner in a management consulting firm. As a mediator I work as a third-party neutral and specialize in partnership/shareholder disputes, management/labor issues, company culture difficulties, and family-owned business problems. I can help describe why alternative dispute resolution may be a good choice for you. As an experienced management consultant I may be able to offer creative ideas to help resolve your organizational and business problems and disputes. "If you say conflict, I say opportunity".
Question All of a sudden with negotiations going on, the local school board finds out it can look at the negotiations commitee's personnel files(teachers) and plans to do so today. What could be the purpose???? (Wisconsin)
Answer Thank you for your question!
Sorry for the delay in responding -- I was just notified this morning by the question system.
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.
I am not a lawyer and cannot mediate this with you alone but I can respond to your question from my business consulting experience.
Note that this issue may have legal ramifications and you may wish to consult a labor attorney.
My opinion is that, whatever the reason, it is not likely to be a good one. This issue needs public exposure in my opinion and I would do what I could to inform the press of these actions, as well as to inform the union members. If the messenger brings information that forces you into a corner, sometimes the reaction is to shoot the messenger. I can't think of a compelling reason to look into the files of JUST the negotiations committee at JUST the time when negotiations are heating up.
You may want to look into the Federal, State and local statutes governing these practices, as well as the relevant case law. I would bet money there are litigated cases dealing with this on the books somewhere in the country.
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
