ࡱ> ( / 0LDArialؖ0ؖ0pp.F0@ .  @n?" dd@  @@`` 80dL      0AA@ʚ;ʚ;g49d9d:F0ppp@ <4dddd<@0p- 0___PPT10 R___PPT94,?  %Mediation and Fact FindingReviewPTalked about planning for negotiation Teachers on strike Interest-Based Negotiation Work rules Often blamed on unions and collective bargaining but employer typically agrees with them Seem counter-productive when compared to some ideal administrative behavior but make more sense when compared to administrative behavior we actually see*__TodayWhat is Mediation? What do mediators do? Getting the most out of mediation! What is fact finding? What do fact finders do? Getting the most out of fact finding! 0" " I. What is Mediation?Wall, Stark and Standifer  optional reading "Mediation is assistance to two or more interacting parties by third parties who have no authority to impose an outcome How might mediation assist parties in resolving disputes?  II. What do Mediators Do?Meet with the parties Separate the parties  Why? Listen carefully Making Suggestions  advantages and risks Try to get parties to focus on their priorities and to look for mutual interests Research Results  &III. Getting the most out of Mediation''(UHow much to confide in the mediator? Risks in separation of parties Sidebar meetings?  IV. What is Fact Finding?According to McKelvey, began in the US under the Railway Labor Act (1926) Continued in another form under Taft-Hartley (1947) McKelvey - Not about finding  facts Produces recommendations for settlement, iE IV. What is Fact Finding?Taylor Committee - "Fact finding requires the parties to gather objective information and to present arguments with references to these data. An unsubstantiated or extreme demand from either party tends to lose its force and status in this forum. The fact finding report and recommendations provide a basis to inform and crystallize thoughtful public opinion and news media comment." IV. What is Fact Finding?Harold Newman - "In theory an informed public will require parties to yield their positions." "The fact that fact finders reports and recommendations are provided to the media and published brings pressure for reasonableness on the part of the parties." IV. What is Fact Finding?Charles Coleman - "It takes a great deal of audacity to believe that after a few hours of testimony, an individual can come to understand the issues well enough to render a report that is sufficiently clear and logical to impress both parties." V. What do Fact Finders do?Hold  hearing Fact Finder may propose mediation session prior to any hearing Nature of that hearing Nature of the recommendations What does Karper say about the effectiveness of fact finding over time? (VI. Getting the most out of Fact Finding))(Limiting the issues submitted Don t fail to provide significant evidence if you really want something Do your comparisons systematically. Don t appear to pick and choose Evidence of inability to pay should be clear and compelling Acknowledge where evidence is weak but explain the importance of the issue anyway Remember the goalKZKAdministrative)Questions about the negotiation exercise? Case  9Divide into groups Consider the case Answer the questions  Next TimeEWe begin the negotiation simulation based on the posted case material/  0` 33` Sf3f` 33g` f` www3PP` ZXdbmo` \ғ3y`Ӣ` 3f3ff` 3f3FKf` hk]wwwfܹ` ff>>\`Y{ff` R>&- {p_/̴>?" dd@,|?" dd@   " @ ` n?" dd@   @@``PR    @ ` ` p>> f(    6o  `}  T Click to edit Master title style! !  0lr  `  RClick to edit Master text styles Second level Third level Fourth level Fifth level!     S  0`y ^ `  >*  0 ^   @*  0 ^ `  @*H  0޽h ? 3380___PPT10.S0 Default Design0 zrD (  D D 0Y  P     P*   D 0^       R*  d D c $ ?    D 0a   0   RClick to edit Master text styles Second level Third level Fourth level Fifth level!     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Enable parties to save face Reduce risk of exploring options Caucus Listen carefully Both to what is being said and to what isn t being said Research Results - Mediation most effective when High activity level by the mediator produces better results Mediators seem to be more effective when they focus on improving the relationship between the parties and don t just push for settlementtE91E91 H L 0޽h ? 3380___PPT10.S#/ 0  @P(  PX P C D    P S  D 0   ZHow much to confide in the mediator? Depends on how much you trust the mediator Don t make them instruments of your positional bargaining, i.e. don t tell them you must have X unless it is absolutely true Don t tell them where you are inflexible without trying to indicate areas of flexibility as well&% % H P 0޽h ? 3380___PPT10.SD 0 |tPT (  TX T C D   t T S , D 0   JContinued in another form under Taft-Hartley (1947) Boards of Inquiry Not about finding  facts Assumption of early fact finding or investigation that industrial disputes based on misunderstanding or miscommunication that would yield to hard information Presumed not about genuine and legitimate differences of interest Produces recommendations for settlement Advisory Arbitration McKelvey judges success solely by whether it produces strike-free settlements McKelvey  why is the process not overused in Wisconsin? Because parties pay the costs!t4(4( ,FQH T 0޽h ? 3380___PPT10.S_}K 0 h``X(  XX X C D   ` X S  D 0    Fact Finder may propose mediation session prior to any hearing Or the parties may Nature of that hearing Not witnesses, either material or expert Not testimony Material submitted directly by advocates No caucuses or sidebar meeting usually Nature of the recommendations May return some issues back to parties for further negotiation Won t exceed offers of the parties, i.e. is based on positions of parties, not just the facts Won t generally recommend anything novel or unusual What does Karper say about the effectiveness of fact finding over time? Why has it remained effective despite McKelvey s predictions? Only as a form of additional mediation ?Hg?H gP 7H X 0޽h ? 3380___PPT10.Sel 0 (  p\ (  \X \ C D     \ S  D 0   Limiting the issues submitted Very hard for fact finder to understand your priorities if you don t Can still reserve right to negotiate those issues Avoid issues that are complex in terms of the operation of your school system Don t fail to provide significant evidence if you really want something Especially evidence about what other school systems do Do your comparisons systematically. Don t appear to pick and choose All the districts in the county, the BOCES, all the urban districts, etc. All the employee groups in the district Fact that you are above or below average often not a compelling argument It was previous agreements that got you here This is in the nature of averages Evidence of inability to pay should be clear and compelling Often not taken as the strongest argument See it as indicating simply a desire to spend available resources in some other way Remember the goal Must still negotiate a settlement So remember who you are trying to convinceZZHZ8ZEZZOZ=ZZZMZ  H 8 E  O =   M H \ 0޽h ? 3380___PPT10.S@Nrd*,s>@߰#$L_qjT$Sx~gi/# e1ediators Do?'III. Getting the most out of MediationIV. What is Fact Finding?IV. What is Fact Finding?IV. What is Fact Finding?IV. What is Fact Finding?V. What do Fact Finders do?)VI. Getting the most out of Fact FindingAdministrative  Fonts UsedDesign Template Slide Titles WMFC_)DonnDonn EMF@F(GDICx!b $$==% % V0xx x % % $$AA" FGDICF(GDICl.wFGDICF(GDIC6ljwFGDICF(GDIC $@FGDICRp@ArialyЎArial +p؞ C@ArialZ 0 ik`O0p00؞`ԢL0kkk0`0dv%    T,8AA6LMediation and Fact Finding  % (   x--$xx--'@Arialy??-. .2 6Mediation and Fact Finding ."System-$՜.+,0    On-screen ShowM8 ' ArialDefault DesignMediation and Fact FindingReviewTodayI. What is Mediation?II. What do Mediators Do?'III. Getting the most out of MediationIV. What is Fact Finding?IV. What is Fact Finding?IV. What is Fact Finding?IV. What is Fact Finding?V. What do Fact Finders do?)VI. Getting the most out of Fact FindingAdministrative  Fonts UsedDesign Template Slide Titles Slide Titles_DonnDonn  !"#$%&'()*+,-./0123456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnRoot EntrydO) e Current User.,SummaryInformation(PowerPoint Document(MDocumentSummaryInformation8!0( / 0LDArial00PP.ؖF0ؖ@ .  @n?" dd@  @@`` 80dF     0AA@ʚ;ʚ;g49d9d:F0ppp@ <4dddd@0P- 0___PPT10 R___PPT94,?  %Mediation and Fact FindingReviewPTalked about planning for negotiation Teachers on strike Interest-Based Negotiation Work rules Often blamed on unions and collective bargaining but employer typically agrees with them Seem counter-productive when compared to some ideal administrative behavior but make more sense when compared to administrative behavior we actually see*__TodayWhat is Mediation? What do mediators do? Getting the most out of mediation! What is fact finding? What do fact finders do? Getting the most out of fact finding! 0" " I. What is Mediation?Wall, Stark and Standifer  optional reading "Mediation is assistance to two or more interacting parties by third parties who have no authority to impose an outcome How might mediation assist parties in resolving disputes?  II. What do Mediators Do?Meet with the parties Separate the parties  Why? Listen carefully Making Suggestions  advantages and risks Try to get parties to focus on their priorities and to look for mutual interests Research Results  &III. Getting the most out of Mediation''(UHow much to confide in the mediator? Risks in separation of parties Sidebar meetings?  IV. What is Fact Finding?According to McKelvey, began in the US under the Railway Labor Act (1926) Continued in another form under Taft-Hartley (1947) McKelvey - Not about finding  facts Produces recommendations for settlement, iE IV. What is Fact Finding?Taylor Committee - "Fact finding requires the parties to gather objective information and to present arguments with references to these data. An unsubstantiated or extreme demand from either party tends to lose its force and status in this forum. The fact finding report and recommendations provide a basis to inform and crystallize thoughtful public opinion and news media comment." IV. What is Fact Finding?Harold Newman - "In theory an informed public will require parties to yield their positions." "The fact that fact finders reports and recommendations are provided to the media and published brings pressure for reasonableness on the part of the parties." IV. What is Fact Finding?Charles Coleman - "It takes a great deal of audacity to believe that after a few hours of testimony, an individual can come to understand the issues well enough to render a report that is sufficiently clear and logical to impress both parties." V. 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