MEDIATION AND ARBITRATION IN LABOUR DISPUTES

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Arbitration and mediation are some of the employment dispute resolution (EDR) tools used by organization to solve some of the challenges facing employees or the disputes that are bound to emerge within the organization. Arbitration involved use of an unbiased third person to end a dispute. Mediation is where an independent person intervenes between disputing parties. Organizations prefer them to use the courts especially for smaller disputes (John & Arnold, 2001). The disputes may arise between the employer and employee, between the employees or even between the organization and outsiders. The two cases illustrated below help shed some light on the mediation and arbitration.
Case 1: Dispute between produce manager and anchorwoman
The dispute entails falling of the woman claiming that her fall resulted from a carelessly dropped banana peel. The couple threatened to sue the produce manager for the incident. The manager said that a woman would hear from the company.
After analyzing the situation of the spot where the woman fell, there are doubts of whether the incident was genuine or not. The banana peel appeared untouched and furthermore; it was on top of the ribbed rubber mat. The shoes that the woman wore raises further suspicions as to what was the real cause of the fall. As such, some technicalities arise, that may make it very difficult for an organization to handle the case. From the report of the manager, it may be easier for one to judge that incident was not genuine because the peel appeared untouched. More so, its placing on a ribbed rubber mat makes it difficult for the peel to cause a fall. Finally, if the woman had fallen, it is probable that she would have been hurt. Such technicalities needed only experts to handle it and, therefore, the case is best handled