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Mediation and the Transformation of American Labor Unions

The decline of unionization and the increasing adoption of private dispute resolution are two simultaneous phenomena that suggest an opportunity for unions. Unions should negotiate provisions in collective bargaining agreements that offer mediation for claims not covered by the agreement including legal disputes and interpersonal conflicts. A mediation program offers advantages to unions, employers and employees, more effectively resolving disputes while providing employees with representation to counteract any power differentials that exist. Employers may avoid litigation. Unions may gain valuable experience that they can use in other forums, while at the same time providing an additional service to workers. Experimentation with this potential win-win program could lead to changes in workplace cultures responsive to the realities of today’s workplace.