The Mediation and Arbitration Process Essay Example | Topics and Well Written Essays - 1750 words

The Mediation and Arbitration Process - Essay Example The process of arbitration and mediation as methods of resolving dispute has a long history. It began long before the 20th century. Long before the white man conquered what is now the United States of the indigenous American tribes as a means of resolving disputes within and between different tribes. The first U.S president, George Washington, also used arbitration. He had an arbitration clause in his will that stated that incase of any dispute arising from the wording of the document a panel of three arbitrators should be set to give binding decision to resolve the dispute. He stated that the decision made by the arbitrators should be as final and binding as any decision made the supreme court of the United States. The first arbitration clause to be used in a labor management document in the United States history was made by the Journeymen Cabinet-Makers from Philadelphia. It was more of an interest arbitration clause than a grievance clause. In addition, the United Mine workers of America (UMWA) formulated a type of grievance arbitration clause that was adopted by the delegates and placed in its constitution at the UMWA’s founding convention of 1890. Studies conducted in the United States unionized sector have shown that a number of collective bargaining agreements that contain arbitration as a means of dispute resolution (grievance arbitration) has been on the rise. For instance, in 1944 the bureau of Labor statistic showed that 73% of all labor contracts in United States had arbitration clauses .