Historical Conditions of the Development of the Institution of Mediation in Collective Labor Disputes in the United States

Abstract

The purpose of this article is to analyze the historical conditions of the development of the institution of mediation in collective labor disputes in the United States. The unique historical conditions that fundamentally influenced the level of use of mediation as a form of dispute resolution, both in the early days of its development in the US and today, need to be characterized. The characterization involves a consideration of the introduction of regulations that initiated the use of mediation at the state and then federal levels. The reach of mediation in collective disputes expanded from its original use in the transportation (railroads and airlines) sectors to its subsequent application in most labor disputes in the private sector. Mediation became institutionalized, as well as professionalized, thanks to the important support activities of the federal government and the Federal Mediation and Conciliation Services (FMCS). Therefore, it should be considered important to look at the actions taken by the government in the past to promote the use of the institution of mediation, including through the formation of bodies (councils) that contributed to the professionalization of the profession of mediator. The issues presented herein are relevant because mediation in the United States has reached a high level of development and overall success. An analysis of these issues becomes useful in the light of the interest in the process of implementation of the American mediation model by other countries. The sources used in the article are American publications that discuss the historical development of mediation in the US, the relevant legislation, and selected case law.