Interest-based bargaining as preventative mediation in Maine

Human Resources

Labor Relations

The objective of this paper is to demonstrate an understanding of a major employee or labor relation concept that was either accepted to turned into a 'best practice'. Described will be an approach by an organization or union that demonstrates an innovative, creative, cutting edge or unique method of working with employee and labor relations framework

The State of Maine employs what is termed "Interest-Based Bargaining" as its' chosen form of "Preventative Mediation" (Alfano, 1997) This is a shift form traditional confrontational and positional style bargaining to that of bargaining through 'solutions of problems through identification of issues, exploration of the solutions. In this type of bargaining the parties are encouraged to work together in seeking a solution. The characteristics of "interest-based bargaining" are that each party submits their proposals and the parties develop and then submit "clearly defined problems that they will solve together.

The process in traditional bargaining is the submission of proposals based on their solutions to problems that will be solved together between the two of them. In interest-based bargaining the investigation of problems needing resolution are presented and a mutually acceptable solution for each problem is chosen. The solution will in essence give each party at least 'part' of what they want or need. In working collaboratively to solve their problems.

Key Concepts in Interest-Based Bargaining

The focus of the approach is the presentation of the problems as questions and then refines those questions to a representation of a solution.

Interests: The motivational factors in this type of bargaining are the interests of each party and their reasons for seeking a solution to the problem. While each party may have a different reason for wanting g to solve the problem, the fact is that they all desire to find a solution and thus they are motivated to take action.

Options: Options are the solutions which are possible for each individual problem.

Standards: Standards are the guidelines or rules when measuring the acceptable quality of each option. The option that satisfies most of the standards is the one which will be chosen. Objective standards are somewhat difficult to develop in relation to labor relations. The reason stated for this difficulty is the inability to measure such things as equity and fairness objectively. This means the participants must share their view of each standard on an individual basis.

Those utilizing the bargaining referred to as interest-based should use the procedures following for ensuring the process effectiveness.

1. Initial IBB Preparations.

2. Preparing with constituents.

3. Opening statements.

4. Identifying issues.

5. Developing a list of standards.

6. Identifying interests on each issue.

7. Identifying options for each issue.

6. Identifying the acceptable option.

Conclusion

Collective bargaining, employer-labor relations, mediation and facilitation of resolution are all terms that stand for alternative means of solving problems in today's business environment while staying clear of the traditional confrontational and positional type bargaining in which there is a clear winner and loser. In the bargaining described by this work both sides to the issue are winners creating cohesion among the workforce not possible in the old paradigm of bargaining agreements.

Works Cited;

Alfano, John C. (1997) Maine Labor Relations Board April 1996 Revised: March 28, 1997

Advisory, Conciliation and Arbitration Service, 2000. Annual Report 1999 -- 2000. October.

Addison, J.T., and M.L. Blackburn, 1999. Minimum Wages and Poverty. Industrial and Labor Relations Review. 52 (3), April.

Osterman, P. (1994): How common is workplace transformation and who adopts it?, in Industrial and Labor Relations Review, 47(2), pp. 173-188