TIMED MEDIATION- THE 48- HOUR NEGOTIATIONS SOLUTION

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TIMED MEDIATION- THE 48- HOUR NEGOTIATIONS
SOLUTION
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WHAT IS TIMED MEDIATION?

• COLLECTIVE BARGAINING
• ISSUES ORIENTED
• JOINT PROBLEM SOLVING
• MEDIATOR OVERSIGHT
• SELF-IMPOSED 48-HOUR DEADLINE

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HAS IT WORKED?

• January 2001- 13 of 14 were successful
• December 2001- 26 of 27 were successful

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THE PLAYERS

• SCHOOL BOARD MEMBERS
• UNION MEMBERS
• PA BUREAU OF MEDIATION MEDIATORS
• CHIEF NEGOTIATORS
• ADMINISTRATORS

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WHY TIMED MEDIATION?

• Timed Mediation can greatly reduce the time
  required to negotiate.
• Negotiations are time-limited and therefore very
  much to the point.
• Time spent posturing is eliminated.
• Mediators keep the process on track.
• All the players are present.
• Relationships have typically improved.

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THE PROCESS

• FIRST MEDIATOR VISIT
• INVITE THE MEDIATORS TO EXPLAIN THE PROCESS
• BOARD/UNION DECISION TO GO THE NEXT STEP
• PREPARATION OF ISSUES LIST
• SECOND MEDIATOR VISIT
• PRESENT ISSUES TO OTHER PARTY
• BOARD/UNION DECISION TO GO TO TM
• SET DATE AND SITE

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THE PROCESS

• PREPARE FOR NEGOTIATIONS
• Business manager/Superintendent
• Executive sessions- share info/strategize
• TRAVEL TO SITE (EARLY EVENING)
• HORS DHOEURVES-ALL PARTICIPANTS
• DINNER (Seating arrangement)
• BEGIN NEGOTIATIONS
• Mediator chooses order of issues
• Discussion/Caucus/Agreement/Commit to
  writing/Sign
• CONTINUE WITH EACH ISSUE

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THE PROCESS

• ADJOURN FROM THE SESSION/JOINT SNACKS
• SLEEP AT MOTEL
• JOINT BREAKFAST
• RECONVENE NEGOTIATIONS
• SUSPEND FOR MEALS
• TOUGH ISSUES- CAUCUS FOR MEDIATOR-SELECTED
  MEMBERS ONLY
• ADJOURN FOR SECOND NIGHT/SNACKS
• SAME AS PREVIOUS DAY
• END NEGOTIATIONS AFTER 48-HOURS

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THEN WHAT?

• IF SUCCESSFUL- REJOICE, YOURE DONE
• IF UNSUCCESSFUL- ALL BETS ARE OFF. START
  TRADITIONAL NEGOTIATIONS

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PROs CONs

• PROS
• LIMITED ISSUES
• LIMITED TIMEFRAME
• ACCENTUATES NEGOTIATION/ELIMINATES POSTURING
• EVERYONE TALKS (vs. Chief negotiator only)
• INFORMAL
• MEDIATORS KEEP THE PROCESS ON TRACK
• IMPROVED RELATIONS THROUGH GREATER UNDERSTANDING
  OF ISSUES TIME SPENT
• NOTHING LOST BY TRYING

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PROs CONs

• CONS
• PREPARATION TIME IS LIMITED
• PRESSURE ON BUSINESS MANAGER/SUPERINTENDENT
• NOT RECOMMENDED IF THERE IS NO GIVE ON ONE OR
  MORE ISSUES
• (A lot of eating in one weekend-Pro or Con?)

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WELLSBOROSEXPERIENCE
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TIME TABLE

• JANUARY 2001
• 16TH- BOARD STRATEGY MEETING WITH CHIEF
  NEGOTIATOR
• 30TH- MEDIATORS PRESENTED TIMED MEDIATION TO
  BOARD/UNION- Each party decided to consider TM
• FEBRUARY
• 6TH- BOARD/ADMIN DEVELOPED ISSUES LIST
• 7TH- JOINT MEETING W/ MEDIATORS
• Exchanged lists of issues
• Decided to accept/reject TM
• Set TM weekend date and sight
• 23RD, 6 PM-25TH- 4PM- TIMED MEDIATION

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THE ISSUES

• BOARD
• 8 ISSUES

• TEACHERS
• 12 ISSUES

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THE NEGOTIATIONS

• MUCH DIFFERENT THAN TRADITIONAL
• MORE PLAYERS GIVING INPUT
• MORE PERSPECTIVES RESULTED
• GREATER UNDERSTANDING OF EACH OTHERS POSITION
• NO POSTURING
• MEDIATOR ASSISTED
• REASONABLY FAST PROGRESS
• CHEERING AFTER EACH ISSUE PUT TO REST
• SOME ISSUES WERE DROPPED

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THE NEGOTIATIONS

• EVENTUALLY THE TOUGH ISSUES CAME ON THE TABLE
• MORE AND EXTENDED CAUCUSING
• SPECIAL CAUCUSING
• SOME FRUSTRATION
• MOVEMENT OCCURRED
• ALL ISSUES SUCCESSFULLY NEGOTIATED (IN 44 HOURS)
• Participants hugged and rejoiced

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SHOULD MY DISTRICT TRY T.M.

• RELATIONSHIP OF TRUST
• WILLINGNESS TO LIMIT THE ISSUES
• SOME DISTRICTS WITH A HISTORY OF HEATED
  NEGOTIATIONS HAVE SUCCEEDED

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WOULD WELLSBORO DO IT AGAIN?

• YES
• The time savings were worth it (despite the
  pressured preparations)
• Greater trust was established
• Greater understanding resulted
• Elimination of both posturing and reliance on a
  chief spokesman tremendously improved the process
  and was refreshing

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WHO TO CONTACT

• Pennsylvania Bureau of Mediation
• Department of Labor Industry
• [phone]