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7/14/2009 5:01:47 PM
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UCREFRP
UCREFRP Catalog Number
8125
Author
Moore, C. W.
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Editor
USFW Year
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USFW - Doc Type
1986
Copyright Material
YES
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How Mediation Works 21 <br />and the United States. Auerbach's Justice Without Law (1983) <br />is an excellent history that describes the dispute resolution me- <br />chanisms of the Puritans, Quakers, and other religious sects; <br />procedures of Chinese and Jewish ethnic groups; and informal <br />alternative dispute resolution efforts. <br />For the most part, mediation historically and in other <br />cultures has been performed by people with informal training, <br />and the intervenor's role has usually occurred within the con- <br />text of other functions or duties. Only since the turn of the <br />twentieth century has mediation become formally institutional- <br />ized and developed into a recognized profession. <br />The first arena in which mediation was formally institu- <br />tionalized in the United States was in labor-management rela- <br />tions (Simkin, 1971). In 1913 the U.S. Department of Labor <br />was established, and a panel, the "commissioners of concilia- <br />tion," was appointed to handle conflicts between labor and <br />management. This panel subsequently became the United States <br />Conciliation Service, and in 1947 was reconstituted as the Fed- <br />eral Mediation and Conciliation Service. The rationale for ini- <br />tiating mediation procedures in the industrial sector was to <br />promote a "sound and stable industrial peace" and "the settle- <br />ment of issues between employer and employees through col- <br />lective bargaining" (Labor-Management Relations Act, 1947). <br />It was expected that mediated settlements would prevent costly <br />strikes or lockouts for workers and employers alike and that the <br />safety, welfare, and wealth of Americans would be improved. <br />Federal use of mediation in labor disputes has provided a <br />model for many states. Numerous states have passed laws, devel- <br />oped regulations, and trained a cadre of mediators to handle <br />intrastate labor conflicts. The private sector has also initiated <br />labor-management and commercial relations mediation. The <br />American Arbitration Association was founded in 1926 to en- <br />courage the use of arbitration and other techniques of volun- <br />tary dispute settlement. <br />Mediation sponsored by government agencies has not <br />been confined to labor-management issues. The U.S.- Congress <br />passed the Civil Rights Act of 1964 and created the Commu- <br />nity Relations Service (CRS) of the U.S. Department of Justice. <br />
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