Asked by Kelsey Hansen on May 08, 2024
Verified
What is the difference between conventional arbitration and final offer arbitration and why might a state choose one over the other as its compulsory dispute resolution system? (10 minutes)
Conventional Arbitration
A dispute resolution technique where an impartial third party listens to both sides and makes a binding decision, commonly used in labor disputes.
Final Offer Arbitration
A conflict resolution process where each party to a dispute makes a final offer, and an arbitrator chooses one of these offers as the resolution, without modification.
Compulsory Dispute Resolution
A legal requirement for conflicting parties to undergo a dispute resolution process, such as mediation or arbitration, before proceeding to litigation.
- Differentiate between conventional and final offer arbitration and the considerations for their adoption.
Verified Answer
In final offer arbitration, the arbitrator must choose either the union or management's offer and is not allowed to deviate from those final offers. Final offer arbitration was created to try to lessen the chilling effect of conventional arbitration. This offer comes in two variations: (1) total package final arbitration, in which the arbitrator must select one party's final offer on all the disputed contract terms (for example wages, health insurance holidays, etc.); and (2) issue-by-issue final offer arbitration, in which the arbitrator can choose either party's final offer on an issue-by-issue basis. It is generally believed that final offer arbitration puts the parties at greater risk of losing if their offers are unreasonable and, hence, should encourage the parties to come closer to an agreement during negotiations.
Learning Objectives
- Differentiate between conventional and final offer arbitration and the considerations for their adoption.
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