Legalistic approach and problem-solving approach during the arbitration hearing process
Review the legalistic approach and problem-solving approach during the arbitration hearing process. Then, develop two approaches that an organization could use to make the typical arbitration procedure more effective than either of these approaches.
Review good faith bargaining.
Discuss the major advantages and major disadvantages of your approaches.
Provide your rationale for each approach.
One way for organizations to make typical arbitration more effective could be utilizing good faith bargaining techniques. Good faith bargaining encourages employers and employees to work together collaboratively in order to reach mutually beneficial solutions that take into consideration each side’s interests instead of merely relying on legal interpretations in order to resolve issues that arise from conflict between them. Organizations should focus their efforts on creating policies that support good faith bargaining practices through methods such as providing education about ADR processes, including mediation training programs for both sides, making sure all parties involved have access to resources needed for successful negotiations, encouraging open dialogue between opposing positions and attempting settlements outside of formal arbitration procedures where possible.
The major advantage of utilizing good faith bargaining during an arbitration hearing process is that it allows an organization's representatives and those representing its employees come up with creative solutions while having a greater level of trust established among those negotiating which can help reduce potential future conflicts by establishing better working relationships overall.
The primary disadvantage associated with engaging in this type of procedure is that it takes much longer than either legalistic or problem solving approaches since both parties must come together over extended periods of time discussing different scenarios until they reach satisfactory conclusions for all individuals involved.
Another approach organizations can use make typical arbitrations more effective than either problem-solving or legalistic approaches would be using modern technology such as video conferencing applications like Zoom instead holding physical hearings if possible due to social distancing restrictions brought upon by Covid19 pandemic circumstances.
Advantages include lower costs associated with travel expenses, decreased physical contact limits risk exposure from contagions making proceedings safer while also allowing families who cannot afford long distance commutes due financial reasons participate without leaving home if unable too
Disadvantages may involve slower connections which might potentially lead lengthy delays depending internet speeds available at times preventing one party’s representatives attending virtual hearings remotely due technical difficulties beyond their control ultimately taking away some face-to-face interaction necessary secure agreements quickly under normal circumstances not present here